State of Human Rights in 2018 English 1 PDF

State of
Human Rights
in 2018
Human Rights Commission of

Pakistan
Sources
Sources, where not quoted in the text, are HRCP surveys, fact-finding
reports and communications from its correspondents and private
citizens; official gazettes; economic and legal documents and other
public releases and statements; reports in the national and regional
press; and publications of international agencies such as UNDP, ILO,
WHO, UNICEF, UNFPA, and the World Bank.
Considering the limitation of official reports, press accounts and sample
surveys conducted by NGOs, the figures and assessments offered here
may not always represent the full or exact picture. They should be taken
as a reflection of the trend during the year.
Images have been taken from national and regional newspapers and
other online sources.
Published by
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ISBN:
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Cover design: Rida Fazal
Format and layout: Rida Fazal
Contents
Sources
Abbreviations
Glossary
Introduction … 1
Key Issues … 5

I Rule of Law
Laws and law-making … 17
Administration of justice … 33
Death penalty … 49
Pakistan and international human rights mechanisms … 53
II Enforcement of Law
Law and order … 65
Jails and prisoners … 81
Enforced disappearances … 93
III Fundamental Freedoms
Freedom of movement … 101
Freedom of thought, conscience and religion … 111
Freedom of expression … 125
Freedom of assembly … 137
Freedom of association … 147
IV Democratic Development
Political participation … 157
V Rights of the Disadvantaged
Women … 171
Children … 187
Labour … 201
The elderly … 217
People living with disabilities … 227
Refugees and IDPs … 237
VI Social and Economic Rights
Education … 253
Health … 267
Housing, land grabbing and public amenities … 281
Environment … 293
Appendices
HRCP Activities … 307
HRCP Stands … 321
Abbreviations
ADB Asian Development Bank DSJ District and Sessions
ADR Alternate Dispute Judge
Resolution DSP Deputy Superintendent of
AJK Azad Jammu and Kashmir Police
ANP Awami National Party ECL Exit Control List
ASI Assistant Sub-Inspector EIA Environment Impact
[of Police] Assessment
ASJ Additional Sessions Judge EPA Environment Protection
ATA Anti-Terrorism Act Agency
ATC Anti-Terrorism Court EPI Expanded Programme for
BHC Balochistan High Court Immunisation
BHU Basic Health Unit FATA Federally Administered
CDA Capital Development Tribal Areas (now merged
Authority with KP)
CEC Chief Election FCR Frontier Crimes
Commissioner Regulation
CEDAW Convention on the FDMA FATA Disaster
Elimination of all Forms of Management Authority
Discrimination against FIA Federal Investigation
Women Agency
CCI Council of Common FIDH International Federation
Interests for Human Rights
CIA Criminal Investigation FIR First Information Report
Agency HEC Higher Education
CII Council of Islamic Commission
Ideology HRCP Human Rights
CJ Chief Justice Commission of Pakistan
COAS Chief of Army Staff ICCPR International Covenant for
CNIC Computerised National Civil & Political Rights
Identity Card ICESCR International Covenant on
CrPC Criminal Procedure Code Economic, Social and
CRC Committee on the Rights Cultural Rights
of the Child IDMC Internal Displacement
CRPD Convention on the Rights Management Centre
of Persons with IG Inspector General [of
Disabilities Police]
DCO District Coordination IMF International Monetary
Officer Fund
DFID Department for INGO International Non-
International governmental
Development UK organisation
DIG Deputy Inspector General ISI Inter-Services Intelligence
[of Police / Prisons] ISPR Inter-Services Public
DPO District Police Officer Relations
IUCN International Union for PPC Pakistan Penal Code
Conservation of Nature PPP Pakistan People’s Party
IUS Unesco Institute for PS Police Station
Statistics PTI Pakistan Tehreek-e-Insaf
JI Jamaat-e-Islami RHC Rural Health Centre
JJSO Juvenile Justice Systems SC Supreme Court
Ordinance SAARC South Asian Association
JPP Justice Project Pakistan for Regional Cooperation
JUI (F) Jamiat-e-Ulema-e-Islam SAFRON States and Frontier
(Fazlur Rehman Group) Regions
LHC Lahore High Court SCARP Salinity Control and
LHW Lady Health Worker Reclamation Project
MNA Member of the National
SCBA Supreme Court Bar
Assembly
Association
MPA Member of the Provincial
SHC Sindh High Court
Assembly
MQM Muttahida (formerly SHO Station House Officer
Mohajir) Qaumi SI Sub-Inspector [of Police]
Movement SITE Sindh Industrial Trading
NA National Assembly Estate
NAB National Accountability SP Superintendent of Police
Bureau SSP Senior Superintendent of
NACTA National Counter Police
Terrorism Authority TLP Tehreek-e-Labbaik
NAP National Action Plan Pakistan
NCHR National Commission for TTP Tehreek-e-Taliban
Human Rights Pakistan
NCSW National Commission on UDHR Universal Declaration of
the Status of Women Human Rights
NEQS National Environment UNDCP United Nations Drug
Quality Standards Control Programme
NGO Non-governmental UNDP United Nations
organisation Development Programme
NIC National Identity Card UNESCO United Nations
NIRC National Industrial Educational Scientific and
Relations Commission Cultural Organisation
NSC National Security Council UNFPA United Nations
PAEC Pakistan Atomic Energy Population Fund
Commission
UNHCHR United Nations High
PATA Provincially Administered
Commissioner for
Tribal Areas
Refugees
PFUJ Pakistan Federal Union of
Journalists UNICEF United Nations Children’s
PHC Peshawar High Court Fund
PkMAP Pakhtunkhawa Milli WAPDA Water and Power
Awami Party Development Authority
PMA Pakistan Medical WASA Water and Sewerage
Association Authority
PML(N) Pakistan Muslim League WB World Bank
Nawaz. PML-Q is WHO World Health
Pakistan Muslim League, Organisation
Quaid-e-Azam. WTO World Trade Organisation
PONM Pakistan Oppressed WWF Worldwide Fund for
Nations Movement Nature
Glossary
[Terms commonly used in discourse on rights and laws]
abadi: settlement; habitation; also population

asnad: certificates awarded by educational institutions,
especially religious schools. [singular sanad]
amir: literally, leader. Frequently used to refer to leaders
of Muslim groups
Assalam-o-
Alaikum: “May peace be upon you.” Muslim greeting
ameen: righteous
azaan: the Muslim call to prayers
azad: free
baitul mal: originally the state treasury in an Islamic state. In
Pakistan it mainly disburses zakat
baitul zikr: house of prayers. Ahmadis have been using this
term for mosque since April 28,1984, when they
were barred from using Islamic terms
baradari brotherhood, often associated with parties and
political alliances
begaar: forced labour
benami: without name. Refers to a property transaction
where identity of the purchaser is not revealed
bhatta: protection money
bheel: one of the ‘lowest’ and poorest of the Hindu castes
chaadar: a long loose cloak worn over other garments by
Muslim women
chaadar and literally, chador and four walls. The phrase
chaar diwari: signifies security of citizens (including women’s)
and of their privacy.
chak: a rural settlement in the Punjab, usually designated
by just a number and a letter of the alphabet
challan: the police’s prosecution brief or charge-sheet.
There are two categories: the first is based on a
preliminary (first information) report, and the
second, which is more formalised, follows on from
early investigations; also a traffic ticket
Chaudhry: a common surname in the Punjab; in its original
sense, it describes the head of a village’s foremost
landed family
cheera: from the word meaning ‘tearing up’. It is a
common method of third degree torture in which
the victim’s legs are spread apart to the maximum
and kept in that position. The pain generally makes
the accused ‘confess’.
chehlum: a Shia procession taken out forty days after Ashura.
china cutting term used for illegal occupation and carving up of
land into plots for sale
deh: a small village [plural: dehaat]
dera: extended residential site of an influential figure;
also a farmhouse
diyat: the financial compensation paid to the victim or
heirs of a victim in cases of murder, bodily harm,
or property damage
ehtisab: accountability
Eid-ul-Fitr: Festive occasion which marks the end of the
Muslim month of fasting (Ramazan)
fatwa: religious ruling
fiqah: Muslim jurisprudence
gaddi nashin: custodian of a shrine
gherao: laying a kind of siege to someone important to
pressure him into acceding to your demands
(literally, ‘to surround’)
hadd: Islamic punishment (plural: hudood)
haari: Sindhi peasant, tenant or farmhand
hujra: retiring room of an imam or any religious person;
outhouse
iddat: In Islam, the period of time during which a
divorced woman or a widow cannot remarry,
originally observed in order to ascertain if a child
was conceived prior to divorce or widowhood
(and as a mourning period in the latter instance)
iftar: breaking of fast
ijtihad: the process in Islamic law of making a legal
decision by independent interpretation of the legal
sources, the Qur’an and the Sunnah
ijtima: congregation; gathering
imam: prayer leader
imambargah: Shias’ place of congregation
jirga: a gathering of elders, especially in tribal societies,
which settles disputes, decides criminal cases, etc.
kalima: the Muslim declaration of faith; shahadah
karo kari: karo and kari were originally terms for adulterer
and adulteress, but this term is now used for
multiple forms of perceived immoral behaviour. It
describes a traditional custom whereby a woman
and a man found in, or more often suspected of, an
illicit relationship are killed by family members to
restore family honour.
katchi abadi: a settlement or shanty town where poor people
live in makeshift shacks
Khan: a term often used to refer to an influential feudal
landowner in the area. Khan is also a common
surname
khateeb: person who delivers religious sermons before
Friday prayers; also an orator
khidmat
committees: community service organisations, comprising
government nominees, required to check failures
of public institutions and officials
khula: divorce obtained on wife’s initiative. The procedure
for this differs from talaq, the divorce pronounced
by the husband.
kutchery: a court of law. The khuli kutchery is the audience
given by ministers or officials to resolve grievances
of the public
magrib: the Muslim prayer due at dusk
madrassah: a religious school [plural: madaaris]
mahram: group of permitted escorts for a Muslim woman
when travelling
Malik: a tribal chief. Other variants are Sardar and Khan
marla: a unit of area that is one 160th of an acre
masjid: mosque
mehfil: gathering; party
mehr: the money the groom pledges to the bride at the
time of the wedding as a token of his earnestness
moharrir: police clerk who records complaints and crime
reports
Muharram: the Muslim month of mourning, especially for
Shias
murtad: apostate
naib qasid: office boy
najis: unclean; something religiously regarded as impure
napaid bazo: family’s decision to wed one off ahead of birth
nazim: mayor, also administrator
naib nazim: deputy mayor
nikah: marriage; also marriage ceremony
nikahkhwan: a mullah who is authorised to solemnise marriages
nikahnama: marriage certificate
nohas: a Shia lament
panchayat: a gathering of elders
patharidar: an influential landowner in Sindh who harbours
criminals
peshgi: advance payment against labour
pir: spiritual guide who often acts as a faith healer
pucca: literally solid, generally refers to houses made of
baked bricks
purdah: veil
qabza: forceful seizure and occupation
qatl: murder
qatl-i-amd: premeditated murder
qazf: false imputation of immorality against a woman
qazi: a judge of an Islamic court
qisas: equal retribution; eye for an eye, tooth for a tooth
quo warranto: a writ (order) used to challenge another’s right to
either public or corporate office or to challenge the
legality of a corporation’s charter
Ramazan: the Muslim month of fasting
sadiq: truthful
sangchatti: Sindhi term for swara
suo motu when a court takes cognisance of a case or
controversy on its own initiative and commences
proceedings
swara: a child marriage custom in the Pashtun areas. It
is tied to blood feuds among the different tribes
and clans where young girls are forcibly married
to members of different clans in order to resolve
the feuds
taaleem: education
taluka: an administration division (also known as ‘tehsil’
tazia: replica of Imam Hussain’s mausoleum displayed
during Muharram processions
ulema: persons learned in Islamic practices [singular:
aalim]
ushr: Islamic land tax
vani: a cultural custom in parts of Pakistan, called swara
in the KP, where young girls are forcibly married
as part of the punishment for a crime committed by
her male relatives. Vani is a form of arranged child
marriage, and the result of punishment decided by
a jirga, a council of tribal elders
wadera: a big landowner; jagirdar; powerful feudal lord
watta satta: the swap system of marital alliances in which a
brother and sister of one family are married to the
siblings of another.
Youm-e-Ashur: The tenth day of Muharram.
zakat: a tithe Islam imposes on every Muslim as a fixed
proportion of his/her income and wealth, and
meant as a contribution to help the poor and the
needy
zaakir: religious preacher who mostly recounts events of
Imam Husain’s sacrifice at Karbala
ziarat: pilgrimage
zina: adultery; fornication. Rape is zina-bil-jabr
Introduction
In a year of general elections, it was inevitable perhaps that the
progress and observation of human rights issues might be suspended,
if not forgotten altogether. The elections themselves were plagued by
allegations of pre-poll manipulation and rigging of votes—never fully
resolved—and some appalling outbreaks of violence.
The unprecedented level to which the fundamental right to freedom
of expression was overtly violated, particularly in the run-up to the
elections, came as a rude shock. Under the opaque shroud of ‘national
security concerns’, the restrictions on media coverage were stepped up,
journalists increasingly took to self-censorship to evade intimidation
and threats, cable operators were prohibited from broadcasting certain
networks, the distribution of a national newspaper was severely
curtailed, and a media blackout was imposed on coverage of certain
events.
The net was cast wide and even this publication came under scrutiny.
HRCP had its own first-hand experience of the stern view taken by
authorities on the reporting of the state of human rights in the country.
After the launch of the report in April, the editor’s home was raided.
She was held for over an hour, threatened with physical violence,
questioned, and robbed for good measure—an abuse not only of freedom
of expression and dignity of person, but also of what should have been
the inviolable dignity of home.
While restrictions on freedom of expression continued to be highlighted
throughout the year, the public conscience was unremittingly assailed
by reports of enforced disappearances, extrajudicial killings, the abuse
and murder of children, violence towards women, child labour, religious
intolerance, the persecution of minorities, crimes committed in the name
of ‘honour’—the list is long and seemingly endless.
The enthusiasm that greeted the introduction of legislation and
numerous initiatives to aid the beleaguered transgender community
masked some of the realities they continued to face. Proving once again
that legislation and directives alone cannot bring about societal changes,
reports persisted throughout the year of transgenders being attacked
and killed.
The intolerance and antagonism towards minorities, particularly
Introduction 1
religious minorities, showed no sign of receding, with blasphemy laws
providing yet another opportunity to vent hatred. One bright prospect
opened up when the Supreme Court acquitted Aasia Bibi, but the
ensuing violence against the verdict could only be quelled when an
‘agreement’ was reached.
The year began with a horrifying crime against a six-year-old child
and the relative speed with which the culprit was apprehended was
in no small part due to the public outcry. The sentence handed down
proved to be no deterrent—distressing reports of abuse and violence
involving children continued to surface and the revulsion that the nation
felt against the predators and the criminals was accompanied by the
despairing realisation that this was only the tip of the iceberg.
To bring an end to the exploitation and ill treatment of children in
industries and homes, and restore their right to a safe and protected
childhood, calls for a monumental and dedicated effort. Legislation may
exist or be forthcoming, but is there the will and the means to enforce it?
This was also a year in which the proliferation of suo motu cases raised
eyebrows, perhaps more so for the questionable choice of some issues.
Nonetheless, it spoke volumes about the prevailing law and order
situation that many deserving cases might never have been heard had
they not been taken note of by the Supreme Court.
While the interventions of the Supreme Court attracted much attention,
the long-awaited reform of the criminal justice system remained on the
back burner. And the steady accumulation and growth of the backlog
of cases went unchecked in all the courts of the country. The frustration
and suffering of litigants was exacerbated by delays, and the judicial
process was further marred by the simmering conflict between lawyers
and the judiciary.
Particularly notable during the year were the prolific and widely
reported activities of the National Accountability Bureau, whose modus
operandi was viewed with a mix of approbation and dismay. No one,
it seemed, was immune from their endeavours to root out corruption.
The axe fell on former prime ministers, politicians, media personalities,
CEOs, and university officials alike.
The festering sores of enforced disappearances and extrajudicial killings
remained a blight on the nation’s image. Until and unless victims and
families are given full and unimpeded recourse to due process, and
impunity is denied to the perpetrators, these extreme violations of the
rights of citizens will never be eradicated.
Never was there a time more in need of the fearless, forthright, and
uncompromising defender of the rule of law. The sudden and tragic
loss of Asma Jahangir in February 2018 left the country bereft of a
2 State of Human Rights in 2018

bold voice prepared to speak out on behalf of the underprivileged, the
unrepresented, and the vulnerable.
In the general elections, the country voted for change in the hope of a
brighter, better tomorrow. Time will tell if one is indeed on the horizon.
Mehdi Hasan
Chairperson
Introduction 3
Key Issues
Laws and law-making
• The federal parliament made a total of 39 laws in 2018, a slight
increase from 2017 when 34 laws came into effect.
• The Federally Administered Tribal Areas (FATA) were merged with
the province of Khyber Pakhtunkhwa on 31 May 2018.
• The Transgender Persons (Protection and Rights) Act 2018 was
passed, covering a range of provisions, and significantly allowing a
transgender person to be recognised as per his or her self-perceived
gender identity.
• The Juvenile Justice System Act 2018 replaced the Ordinance
promulgated in 2000.
• Sindh was once again just ahead with the highest legislative output,
closely followed by the Punjab. Two significant Act passed by the
Sindh government were The Sindh Maternity Benefits Act 2018, and
The Sindh Home-Based Workers Act 2018.
Administration of justice
• By year end, there were close to 1.9 million cases pending in over 250
lower, special, and superior courts.
• The National Accountability Bureau filed 440 corruption references,
apprehended 503 accused persons, received 44,315 complaints, and
conducted 1,713 complaint verifications during the year.
• While suo motu interventions by the Supreme Court proliferated,
the long-awaited reform of the criminal justice system was put on
the back burner.
• At the end of the year 4,688 prisoners were on death row. At least
500 have been executed since 2014, fourteen of them in 2018.
• The landmark judgment on the acquittal of Aasia Bibi by the
Supreme Court was a welcome sign that, even in a flawed judicial
system, the rule of law was still capable of protecting an innocent
victim.
Pakistan and international human rights mechanisms
• Pakistan has affirmed in its election pledge to the Human Rights
Key Issues 5
Council that it is ‘firmly resolved to uphold, promote and safeguard
universal human rights and fundamental freedoms for all.’
• HRCP expressed concern that Pakistan had chosen to only ‘note’
key human rights principles including, among others, the reporting
of investigation and prosecution of security forces that commit
human rights violations; amending discriminatory laws against
marginalised groups, taking effective measures to prevent the abuse
of blasphemy legislation, and the use of violence against religious
minorities.
• Requests for country visits from UN Special Rapporteurs on
extrajudicial executions; the situation of human rights defenders;
the promotion and protection of human rights while countering
terrorism; freedom of religion or belief; and torture and other cruel,
inhuman or degrading treatment or punishment, remain pending.
• Pakistan has ratified the eight ILO fundamental conventions but
never fully applied them.
Law and order
• As in previous years, there has been a steady decline in conflict-
related deaths, although the 2018 General Election saw a rise in
violent deaths for the period between June and July.
• During the year, numerous reports emerged of police blackmail and
extortion, torture and harassment during raids, custodial deaths,
refusal to register FIRs, and corruption.
• HRCP monitoring data showed 845 incidences of sexual violence
against women, and 316 crimes in the name of ‘honour’ perpetrated
against both men and women. These are minimum figures.
• Child sex abuse incidents are on the rise. One report showed an
increase of 32 percent in the first six months of 2018 compared to
the same period the previous year, a 47 percent increase in cases
involving boys, and a 75 percent rise in sexual violence against
children in the age group of 0-5 years.
• Despite legislation, violence against the transgender community
continued during the year.
• Cybercrime and online harassment across Pakistan have seen an
exponential rise in cases.
Jails and prisoners
• Overcrowding continues to be a major challenge with jails across the
country holding up to 57 percent more inmates than their capacity.
• In an NCHR report on Balochistan prisons, the need to adopt a

human rights approach in the administration of prisons was said to
be of utmost importance.
• Another NCHR report also observed that conditions for mentally
ill inmates in Khyber Pakhtunkhwa prisons were particularly poor.
• The Supreme Court was told in May that the government had sent
1,330 persons to internment centres while 253 others had been
released.
• According to the Interior Ministry, the official number of Pakistanis
in foreign prisons was almost 12,000.
Freedom of movement
• The excessive and arbitrary use of the Exit Control List (ECL)
continued to feature prominently in the news.
• Official restrictions on movement were imposed on people attending
political and protest rallies.
• Protests, sit-ins, and traffic snarl-ups inhibited the movement of
citizens across the country.
• The ground-breaking for the visa-free Kartarpur Corridor connecting
Gurdwara Darbar Sahib in Pakistan to Dera Baba Nanak in Indian
Punjab was performed on 28 November.
Freedom of thought, conscience and religion
• There was no noticeable abatement in violence against religious
minorities, as attacks on people and property continued to be
reported.
• In a landmark judgment, the Supreme Court acquitted Aasia Bibi of
blasphemy charges in October. The subsequent nationwide unrest
over the decision forced the government to agree to a review of the
ruling.
• The Islamabad High Court ruled that all citizens should be identified
by their faith and applicants for government and semi-government
jobs should declare their faith before being considered eligible.
• The government withdrew the nomination of Atif Mian from the
Economic Advisory Council (EAC) following a backlash over his
Ahmadiyya faith.
• The Punjab government passed a landmark Bill ‘The Punjab Sikh
Anand Karaj Marriage Act 2018’ providing for the solemnisation
and registration of Sikh marriages.
Freedom of expression
• Curbs on freedom of opinion and expression escalated to
Key Issues 7
unprecedented levels during the period of the elections.
• Media coverage was severely inhibited and journalists intimidated
into self-censorship, most specifically in reporting on abuses by
government security and intelligence agencies as well as militants.
• The government’s announced intention of forming a ‘Pakistan Media
Regulatory Authority’ was greeted with concern by the media as
another means of restricting the freedom of the press.
• Pakistan’s internet freedom ranking declined in 2018, attributed to a
problematic cybercrime law, internet shutdowns, and cyber-attacks
against political dissenters, justified on the grounds of national
security.
• A Freedom Network report documented more than 150 violations,
including verbal threats, killings, harassment, arrests, abductions,
illegal confinements, and physical assaults, against journalists and
media groups across the country between May 2017 and April 2018.
Freedom of assembly
• Pre-emptive detention of activists was frequently employed to
restrict or disrupt rallies and protests, particularly in the months
preceding the elections.
• Roads leading to the venues of rallies were blocked and media
coverage blacked out.
• The government was said to be preparing a comprehensive strategy
to prevent violent protests on the road and hate speech on sensitive
religious issues and to ensure that people’s lives and properties
were protected.
• Police frequently used force to hamper or break up peaceful protests,
including visually impaired demonstrators protesting about the lack
of jobs and salaries.
Freedom of association
• Barriers to setting up unions, categories of workers prohibited from
joining unions, limitations on, and methods used to break up, certain
types of strikes, as well as the possibility of dismissal are factors that
inhibit the growth of trade unions.
• The restrictions and banning of INGOs continued in 2018 with 18
ordered to wind up and leave the country by 30 November.
• The restoration of student unions remained pending and unresolved.
• Workers and supporters of social movements and some with
political affiliations were subjected to intimidation or detention on
charges of sedition and terrorism.

Political participation
• The elections were marred by allegations of pre-poll manipulation
and vote rigging, an issue that was never resolved, and the pre-poll
environment clearly did not offer a level playing field to all parties.
• Doubts were raised about the fairness of the election process when
security forces assumed control of the polling stations after the close
of polling, and told all polling agents to leave their posts and come
back an hour later.
• Pre-election rallies and gatherings, as well as polling stations, were
once again targeted by bomb attacks although the incidences were
fewer than in the 2013 elections.
• Attempts by the media to draw attention to some banned (as
terrorist) entries in the elections were in vain.
• The rise of the Pashtun Tahafuz Movement (PTM), and the
government’s response, was a significant political development.
Women
• Pakistan was named once again the second worst country in terms
of gender equality in the world by the Global Gender Gap Index
2018.
• Despite the legislation enacted for women’s rights in recent years,
violence against women and unlawful practices persist and continue
to escalate.
• Seventy-five percent of women and girls are involved in the
agriculture sector and 60 percent of their work is being utilised as
unpaid.
• There were more women candidates for general seats in the 2018
general elections than in any past election. For the first time,
transgender candidates contested the elections. The first Sheedi
woman was elected to the Sindh Assembly, and the first Hindu Dalit
woman was elected to the Senate.
• The Transgender Persons (Protection of Rights) Act, 2018 was
passed giving them the right ‘to be recognised as per his or her self-
perceived gender identity’, and making discrimination against them
in numerous areas unlawful.
Children
• There has been a sharp increase in child sexual abuse, involving
both boys and girls, and reports of abuse appear with shocking
regularity.
• Despite legislation on the employment of minors, this practice
Key Issues 9
persists in industries and homes and the cases of abuse of child
domestic workers continue to surface.
• Only four percent of children in Pakistan receive a ‘minimally
acceptable diet’ according to a UN report.
• In the Thar region of Sindh, 638 children died of malnutrition in the
period 1 January to 31 December 2018.
• The National Commission on the Rights of the Child (NCRC) Act
was passed in 2017, and the Commission has yet to be constituted.
Labour
• The Sindh government produced a record number of labour-related
legislation, including the first-ever law in Pakistan to protect the
rights of home-based workers (The Sindh Home-Based Workers Act
2018).
• In general, implementation of international ILO and UN conventions
and covenants relating to labour standards and human rights is an
ongoing problem in Pakistan.
• Scores of mine workers lost their lives in deadly incidents in
Balochistan and other provinces with no evidence of progress in the
implementation of safety and health standards.
• Despite legislation, Pakistan ranked 8th on the Global Slavery Index
2018, with an estimated three million living in modern slavery/
bonded labour.
• An estimated 12 million children are involved in child labour in the
country.
The elderly
• The current figure of over 11 million senior citizens in Pakistan is set
to rise to over 43 million by 2050 according to the UNFPA.
• The implementation of existing Acts for the rights of senior citizens,
and the formulation of others, is painfully slow.
• There is a dearth of housing and health facilities for those unable to
live with their families.
• The informal sector accounts for 70% of the economy, yet it remains
out of the ambit of The Employees Old Age Benefits Act 1976.
People living with disabilities
• Statistics on the number of persons with disabilities (PWDs) in
the country vary in the absence of verifiable survey data, but the
prevalence of disability has been estimated at 15 percent by WHO.
• Laws fully based on the UN Convention on the Rights of Persons

with Disabilities which Pakistan ratified in 2011 have yet to fully
manifest themselves and there is a lot of ground to make up.
• The Sindh Empowerment of Persons with Disabilities Act 2018,
however, emphasises a rights-based approach modelled on the core
principles of the CRPD.
• Schooling, training, and employment of children and people living
with disabilities is a much-neglected area.
• Stigma and superstition attached to disability in Pakistan prevents
the visibility, inclusion, and participation of PWDs in society.
Refugees and IDPs
• The number of Afghan nationals registered in Pakistan is over
2.8 million, of which 1.6 million hold a Proof of Registration Card
(PoR) card, according to NADRA. There are at least one million
undocumented Afghan nationals residing in the country.
• A total of 13,584 refugees were voluntarily repatriated from Pakistan
to Afghanistan in 2018, a significant decline as compared to 57,411
in 2017.
• FDMA estimates that around 16,136 IDP families have yet to
return. Independent analysts, HRCP monitors on the ground, and
organisations working with IDPs say the numbers of IDPs who were
forced to leave their homes in FATA, and who are currently still
displaced, are much higher.
• The government made an announcement about the possible granting
of citizenship to around 1.5 million Afghans born in Pakistan, but
this was later clarified as a move to ‘initiate a debate’ on the subject.
• The perception that Afghan refugees were all involved in criminal
or terrorist activities continued to persist and, in some cases, was
encouraged as evidenced by reports of continued harassment and
aggression.
Education
• The number of out-of-school children was reported to have risen
from 22.63 to 22.84 million. Another report spoke of a promising
trend as the children between the ages of six and 16 enrolled in
schools had risen from 81 percent in 2016 to 83 percent in 2018.
• GEM 2019 showed that just about half of the pupils attain minimum
proficiency in reading and mathematics by the end of the primary
level, but the ASER report 2018 registered an improvement in
learning levels.
• The issue of tuition fee hikes at elite schools was taken up by the
Key Issues 11
Supreme Court.
• The funding for the Higher Education Commission was slashed by
around Rs5 billion in a mid-term budget released in October.
• Militants torched 12 schools, mostly for girls, in Gilgit-Baltistan, the
Khyber tribal district, Khyber Pakhtunkhwa, and Balochistan.
• Cases of corporal punishment continued to be reported throughout
the year from the Punjab, KP, and other provinces.
Health
• The country’s spending on the health sector is still less than one
percent of its GDP whereas WHO recommends it should be around
6 percent.
• The unsatisfactory quality and coverage of public health services
means a high dependence on the private sector which is too costly
for many. As a result, people are driven to consult unqualified
medical practitioners and quacks, often with dire consequences.
• The country is becoming increasingly depressed, according to the
Pakistan Association for Mental Health. There is no evidence that
Pakistan has developed a coordinated national strategy to achieve
the objectives of WHO’s comprehensive mental health action plan
(2013-2020).
• The control of communicable diseases remains a challenge, while
there is a rising trend of non-communicable diseases—heart disease,
stroke, diabetes, hypertension, and various types of cancers.
Housing
• There were some notable efforts to stop land grabbing and illegal
encroachment, but those practices as well as illegal occupation and
china cutting continued especially in the major cities.
• With a deficit of roughly seven to 10 million houses in the country,
the government’s pledge to build five million affordable houses
throughout Pakistan might be a major challenge particularly after
the announcement that applicants would have to bear 20 percent of
the total cost of their home.
• The authorities’ operations to evict ‘illegal’ occupants from
residential areas and to demolish illegal structures met with some
strong resistance.
• The frequent reports of roof and wall collapses causing numerous
fatalities expose the substandard quality of construction in homes
and buildings.

Environment
• Air and water pollution, lack of sanitation, and exposure to heavy
metals are responsible for approximately 340,000 deaths annually
in Pakistan, according to Yale’s 2018 Environmental Performance
Index.
• Pakistan is among the top ten countries most affected by climate
change, with wide-ranging impacts on the population and economy
due to extreme weather events over the last two decades.
• Balochistan and Sindh, and other parts of the country, were reported
to be experiencing drought-like conditions, with the Thar region
particularly hard hit.
• A World Bank report recommended urgent investments in faecal
waste management systems as well as in the provision of safe
drinking water to prevent transmission of disease.
• Pakistan is forging ahead with the building of coal-fired plants—
Thar coal will fuel nine of the 17 proposed CPEC power plants—
despite the global trend towards replacing fossil fuels with
renewable energy.
• The Punjab government was reported to be conducting a forensic
audit of the Quaid-e-Azam Solar Power Project in Bahawalpur
amid concerns over the cost of the project and the electricity being
produced there.
Key Issues 13
I
Rule of Law
Rule of Law
Laws and Law-making
Wherein shall be guaranteed fundamental rights, including equality of status, of

opportunity and before law, social, economic and political justice, and freedom
of thought, expression, belief, faith, worship and association, subject to law and
public morality…….So that the people of Pakistan may prosper and attain their
rightful and honoured place amongst the nations of the World and make their full
contribution towards international peace and progress and happiness of humanity.
Constitution of Pakistan
Preamble
Whereas recognition of the inherent dignity and of the equal and inalienable rights
of all members of the human family is the foundation of freedom, justice and peace
in the world.
Universal Declaration of Human Rights
Preamble
In 2018, a total of 107 Acts were passed by the Parliament and provincial
assemblies. Thirty-nine of these Acts were federally passed—applicable
to the whole nation—while 68 Acts were passed by the four Provincial
Assemblies. This represented an overall increase from the previous year.
This report summarises the 2018 Acts categorised according to their
jurisdictions. Within provincial jurisdiction, Sindh passed the highest
number of Acts in 2018; many of them, however, were amendments to
existing statutes. The Punjab, however, was just two Acts short of the
same number as Sindh.
Most notably, this year saw the merger of the Federally Administered
Tribal Areas (FATA) with the province of Khyber Pakhtunkhwa on 31
May 2018, thereby ending the reign of the Frontier Crimes Regulations
(FCR). The FCR was a special set of laws, enacted in 1901 by the British
Empire to confront Pashtun insurgents. Under the FCR, a whole tribe
would be held responsible for the crime of one individual.
Also, this year an Act for the protection and welfare of Pakistan’s
transgender community was passed. There was a pressing need for this
recognition as the prominent community of transgenders in Pakistan
has been cornered into forgoing their fundamental rights as a result of
discrimination. Pakistan now recognises the right of transgenders to
Laws and Law-making 17

identify themselves as a self-perceived gender on all national identity
documents.
An Act was also passed to establish and regulate a systematic juvenile
justice system, and to define and govern the arrest and detention of
juveniles. It provides for the recognition of the misconduct that occurs
in juvenile detention, due to the absence of official guidelines governing
the juvenile justice system.
Federal
A total of 39 Federal Acts were passed in 2018, a slight increase from
2017.
• The Apprenticeship Act, 2018 aims at making provisions for
promoting, developing, and regulating systematic apprenticeship
programmes.
• The National Commission on the Status of Women (Amendment)
Act, 2018 amended the National Commission on the Status of
Women Act 2012. Section 4 of the 2012 Act was amended, and a new
sub-section (6) was inserted which stipulated that within 30 days of
the occurrence of a vacancy, a new chairperson shall be appointed.
• The Law and Justice Commission of Pakistan (Amendment) Act,
2018 amends the Law and Justice Commission of Pakistan Ordinance
1979.
• The Anti Terrorism (Amendment) Act, 2018 amends the Anti-
Terrorism Act, 1997.
• The Shaheed Zulfiqar Ali Bhutto Medical University, Islamabad
(Amendment) Act, 2018 amends the Shaheed Zulfiqar Ali Bhutto
Medical University Islamabad Act 2013.
• The Marine Insurance Act, 2018 regulates the business of marine
insurance.
• The National University of Technology Act, 2018 was for the
setting up of a National University of Technology in Islamabad
to meet the unprecedented increase in demand for technical and
skilled manpower in all sectors of the economy, and to encourage
growth in technology and research.
• The National Assembly Secretariat Employees Act, 2018 regulates
the recruitment and conditions of service of persons appointed in
the National Assembly.
• The National Skills University Islamabad Act, 2018 was introduced
to upgrade the status of the National Institute of Science and
Technical Education Islamabad into a National Skills University.
The Act also provides for the establishment and functions of various

departments of the University.
• The Pakistan Bait ul Mal Act (Amendment), 2018 amends the
Pakistan Bait-ul-Mal Act, 1991. Amendments include provision for
rehabilitation centres to be made for the rehabilitation of disabled
children.
• The Prevention of Cruelty to Animals (Amendment) Act, 2018
amends the Prevention of Cruelty to Animals Act, 1890.
• The Corporate Rehabilitation Act, 2018 provides for the
rehabilitation and reorganisation of distressed corporate entities and
their businesses to encourage economic growth and development.
• The Supreme Court of Pakistan and High Court (Extension of
Jurisdiction to Federally Administered Tribal Areas) Act, 2018
extends the jurisdiction of the Supreme Court of Pakistan and the
Peshawar High Court to the Federally Administered Tribal Areas
(FATA).
• COMSATS University Islamabad Act, 2018 provides for the
upgradation of the status of Comsats Institute of Information
Technology Islamabad to COMSATS University.
• The Regulation of Generation, Transmission and Distribution of
Electric Power (Amendment) Act, 2018 amends the Regulation of
Generation, Transmission, and Distribution of Electric Power Act
1997.
• The Criminal Laws (Amendment) Act, 2018 amends the Pakistan
Penal Code 1860 and the Code of Criminal Procedure 1898.
• The Transgender Persons (Protection and Rights) Act, 2018 is for the
protection and provision of relief and rehabilitation of the rights of
transgender persons. It allows a transgender person to be recognised
as per his or her self-perceived gender identity. The Act prohibits
harassment, as well as discrimination in the context of a wide range
of factors including education, health service, and opportunity to
hold public/private offices. It also provides for their inheritance, in
accordance with whatever gender the person identifies with. The
government under Article 25A of the Constitution shall take steps to
provide free and compulsory education to transgenders.
• The Islamabad Healthcare Regulation Act, 2018 was for the
establishment of the Islamabad Healthcare Regulatory Authority, to
provide quality healthcare services and implement quality standards
in the healthcare sector for the residents of Islamabad.
• The Institute of Science and Technology Bahawalpur Act, 2018
provides for the establishment of the Institute of Science and
Technology Bahawalpur as a degree awarding institute.

• The Prevention of Smuggling of Migrants Act, 2018 was
introduced to prevent the smuggling of migrants by land/sea
and air. It also aims to protect smuggled migrants and promotes
national and international cooperation in this regard. Any person
who intentionally engages or attempts to engage in the smuggling
of migrants will be imprisoned.
• The Health Services Academy (Restructuring) Act, 2018 provides
for the restructuring of the Health Services Academy as a degree
awarding institute. The Act then stipulates information regarding
the composition, functions, and setup of the institute.
• The Juvenile Justice System Act, 2018 provides for a criminal
justice system for juveniles. A juvenile is defined as a child who
has not attained the age of eighteen years and who may be dealt
with for an offence in a manner different from an adult. The Act
also establishes a juvenile court which shall decide the matter within
six months after the court has taken cognisance of the offence. At
the time of the commission of the offence the juvenile shall not be
awarded punishment of death, they shall not be handcuffed, nor
should they be given any corporal punishment while in custody.
Special provisions also cater to female juveniles.
• The Islamabad Capital Territory Child Protection Act, 2018 was
introduced to provide utmost care and protection to the children
residing in Islamabad. It lists the factors that determine what
constitutes the best interests of a child. The Act creates a Child
Protection Advisory Board, to advise the Government on matters
regarding implementation of child rights. The Act also establishes
Child Protection Institutions. Section 17 provides for the procedure
for court application. Special provision is made for a girl child, who
cannot be placed under the care of a male caregiver or child protection
officer. Unless the court permits otherwise, the identity and report
of a child being dealt under this Act must be kept confidential.
• The Finance Act, 2018 aims to give effect to the financial proposals
presented by the Federal Government for the year beginning on the
first day of July 2018, and to amend certain laws.
• The National Civic Education Commission Act, 2018 strives to
promote civic education by creating awareness about fundamental
rights and obligations of citizens. The objective of the legislation is
to educate young people about the Constitution, civic sense, and
respect for laws of the country.
• The Federal Employees Benevolent Fund and Group Insurance
(Amendment) Act, 2018 amended the Federal Employees Benevolent
Fund and Group Insurance Act 1969. It states that if an employee

dies in a security related incident in the course of employment, his/
her spouse shall then be entitled to receive a monthly benevolent
fund for life, and the Act discusses details of this particular matter
at length.
• The Women in Distress and Detention Fund (Amendment) Act,
2018 amended the Women in Distress and Detention Fund Act 1996.
• The Establishment of the Federal Bank for Cooperatives and
Regulation of Cooperative Banking (Repeal) Act, 2018 was
repealed as the FBC had been dissolved in 2014 after completion of
all formalities and liquidation process.
• The House Building Finance Corporation (Repeal) Act, 2018
repealed The House Building Finance Corporation (Repeal) Act
1952 on the basis that it had lost its effectiveness and had become
redundant.
• The Sir Syed-CASE (Centre for Advanced Studies in Engineering)
Institute of Technology, Islamabad, Act, 2018 provides for the
establishment of this Centre and for all matters regarding its setup
and arrangement.
• The Institute for Art and Culture Act, 2018 provides for the
establishment of this institute and deals with the composition and
functions of the institute and all matters relating to it.
• The Gas Infrastructure Development Cess (Amendment) Act, 2018
was introduced to amend the Gas Infrastructure Development Cess
Act 2015.
• The National Disaster Management (Amendment) Act, 2017 makes
the Act more effective and gender responsive with appropriate
financial allocations and state of the art financial institutional
disaster management structure at all administrative levels.
• The Prevention of Trafficking in Persons Act, 2018 aims to prevent
trafficking, in particular of women and children. A person who,
through any means, compels another person to perform labour/
commercial sexual acts, will be liable for the offence of trafficking and
shall be subjected to punishment which includes imprisonment for
10 years, or a fine extending to one million rupees, or both. Offences
under this Act are cognisable and non-bailable. The Prevention and
Control of Human Trafficking Ordinance 2002 was repealed.
• The President’s Salary, Allowances and Privileges (Amendment)
Act, 2018 amends the President’s Salary, Allowances and Privileges
Act 1975. It also aims at regulating the monthly salary of a president
in accordance with determining factors for an increase.
• The Legal Practitioners and Bar Councils (Amendment) Act, 2018

is aimed at amending The Legal Practitioners and Bar Councils Act
1973. The following amendments were made:
o Amendment of Section 2 in Act XXXV of 1973

o Amendment of Section 5A in Act XXXV of 1973
o Amendment of Section 11A in Act XXXV of 1973
o Amendment of Section 13 In Act XXXV of 1973.
• The Constitution (Twenty-Fifth Amendment) Act, 2018 approved

the merger of the Federally Administered Tribal Areas (FATA)
with the province of Khyber Pakhtunkhwa. This Amendment also
sought to increase the number of seats in the Provincial and Federal
Assemblies. The allocation of seats was amended in 2018 as follows:
General Seats Women’s Seats Total Seats
2017 2018 2017 2018 2017 2018
Balochistan 14 16 3 4 17 20
Punjab 148 141 35 32 183 173
Sindh 61 61 14 14 75 75
Khyber
35 45 8 10 43 55
Pakhtunkhwa
Federal Capital 2 3 - - 2 3
Total 260 266 60 60 320 326
• The Finance Supplementary (Amendment) Act, 2018 amended

laws regarding taxes and duties. Amendments were also made in
the following acts:
o Amendment of Customs Act (IV of 1969)
o Amendment of Sales Tax Act 1990
o Amendment of Income Tax Ordinance, 2001 (XLIX of 2001)
o Amendment of the Federal Excise Act 2005.

• West Pakistan Juvenile Smoking (Repeal) Act, 2018 repealed The
West Pakistan Juvenile Smoking Ordinance 1959, to the extent of
Islamabad Capital territory.
Provincial Acts
Punjab
The following is a summary of the 23 Acts passed by the Punjab
Provincial Assembly in, 2018. The Punjab has remained fairly active in
legislative matters, maintaining its stand as one of the larger provinces
of Pakistan.
• The Bahawalpur Development Authority (Repeal) Act, 2018
repealed the BDA 1991 Act so that Bahawalpur Development
Authority may be constituted under the provisions of Development
of Cities Act 1976. Proceedings by the repealed Act are to remain
active unless explicitly repealed.
• The Cholistan University of Veterinary and Animal Sciences
Bahawalpur Act, 2018 aims towards promoting and stimulating
animal health services, making provisions for advanced teaching.
• The Punjab Bonded Labour System (Abolition) (Amendment)
Act, 2018 amends the Bonded Labour System (Abolition) Act, 1992
(III of 1992) for the purpose, among others, of making more effective
provisions to deal with the menace of exploitation of the persons
subjected to any form of bonded or forced labour. The scope of the
Act has been expanded to include forced labour as well.
• The Explosive Substances (Punjab Amendment)‎Act, 2018 inserted
an amendment in Section 7 of the Explosive Substances Act 1908
(VI) where it said that the trial of any person for an offence under
this Act could not proceed without the consent of the provincial
government. To prevent delays in proceedings, the Amendment Act
stipulates that consent to a trial will be deemed to have been given
if a response is not received from the provincial government within
60 days.
• The Code of Civil Procedure (Punjab Amendment) Act, 2018
updates certain provisions of the Code of Civil Procedure 1908.
• The Limitation (Punjab Amendment) Act, 2018 amends the
Limitation Act 1908 and provides a limitation of 90 days for filing a
revision petition under Section 115 of CCP 1908.
• The Punjab Agricultural Marketing Regulatory Authority Act,
2018 facilitates and regulates growth of agricultural produce and
assists development of agricultural commerce.

• The Punjab Charities Act, 2018 aims towards establishing effective
provisions for registration, administration and regulation of
charities.
• The Punjab Compulsory Teaching of the Holy Quran Act, 2018
aims towards making the teaching of the Holy Quran compulsory
for all educational institutions in the Punjab province.
• The Punjab Criminal Prosecution Service Inspectorate Act, 2018
introduces an effective system of monitoring and inspection of the
Punjab Criminal Prosecution Service.
• The Punjab Hepatitis Act, 2018 provides for the surveillance,
diagnosis and treatment of hepatitis along with measures for its
prevention and control.
• The Punjab Legal Aid Act, 2018 establishes legal aid agencies to
provide legal aid to indigent persons.
• The Punjab Regularisation of Service Act, 2018 aims in the public
interests to regularise the appointment of certain employees
presently serving on contract.
• The Punjab Sikh Anand Karaj Marriage Act, 2018 provides for the
solemnisation and registration of Sikh marriages, commonly known
as Anand Karaj.
• The Punjab Tianjin University of Technology Lahore Act, 2018
establishes the Punjab Tianjin University of Technology Lahore. It
lays down the framework for its composition and management.
• The Punjab University of Technology Rasul Act, 2018 establishes
the University of Technology Rasul. It stipulates as to how the
University is to be managed and provides details regarding the
functions that have to be carried out by the departments.
• The Punjab Witness Protection Act, 2018 aims at protecting witnesses
and other people connected to certain criminal proceedings. It
establishes a Witness Protection Board which is obliged to frame
policy guidelines for the purposes of this Act. Any victim, witness, or
person connected to criminal proceedings may apply for protection
under the Act. Once the application has been made the Government,
Counter Terrorism Department, Public Prosecutor, and Court will
proceed to determine whether or not the person is at risk.
• The Punjab Education Initiatives Management Authority, 2018
establishes the Punjab Education Initiative Management Authority
and lists its functions and related matters.
• The Punjab Safe Medical Supplies Authority Act, 2018 establishes
an authority for the procurement of drugs and medical equipment,

and for providing them to public health facilities in Pakistan.
• The Punjab Zakat and Ushr Act, 2018 makes provisions for the
assessment, collection, and disbursement of Zakat and Ushr in the
province of Punjab.
• The University of Narowal Act, 2018 establishes the Narowal
University and lists all matters regarding its composition and
functions.
• The University of Sialkot Act, 2018 establishes the Sialkot University
and lists all matters regarding its management.
• The Punjab Finance Act, 2018 aims to levy, alter and rationalise
certain taxes and duties in the province of Punjab and to deal with
ancillary matters.
Balochistan
The following is a summary of Acts passed by the Provincial Assembly
of Balochistan in, 2018. Despite being the largest province in the
country, Balochistan passed only six statutes in, 2018, out of which four
were Amendments. There appears to be a lack of legislative activity in
Balochistan, especially in human rights awareness.
• The Balochistan Juvenile Smoking (Balochistan Repeal) Act 5 of,
2018 repealed the Balochistan Juvenile Smoking Ordinance 1959
(West Pakistan Ordinance no. XII of 1959).
• The Balochistan Prohibition of Smoking in Cinema Houses
(Balochistan Repeal) Act No 4 of, 2018 has repealed the Balochistan
Prohibition of Smoking in Cinema Houses Ordinance 1960 (West
Pakistan Ordinance no IV of 1960).
• The Balochistan Finance Act 2 of 2018 takes effect from the first
day of July and extends to the whole of Balochistan except the tribal
areas. It defines the rate of tax payable by the following:
1. Contractors/Suppliers
2. Medical Practitioners
3. People running private hospitals/diagnostic centres
4. Hotels.
• The Balochistan Public Service Commission (Amendment) Act

No VI of 2018 amends the Balochistan Public Service Commission
Act II of 1989 in order to bring conformity with Article 242 of the
Constitution. A new sub-section (3) is substituted in the 1989 Act
which stipulates that the Governor has 15 days to require the Chief
Minister to reconsider advice and has 10 days to act in accordance

with it. It also formulates the consequences that will follow if the
procedure laid down in section 3A is not followed.
• The Balochistan Protection of Communal Property of Minorities
Act XIV of 2018 provides for the protection of the property of
minorities and further states the punishment that will follow if the
sections of the act are violated. It also lays down the procedure and
punishment that will come into effect if an encroacher has occupied
the property.
• The Balochistan Civil Servants (Amendment) Act XV of 2018 was
passed to further amend the Balochistan Civil Servants Act 1974.
Amendments were made in Section 22, sub-section (2).
Khyber Pakhtunkhwa
The following is a summarisation of the 14 Acts passed by the Khyber
Pakhtunkhwa Provincial Assembly in 2018. The Act regarding marriage
functions and protection against harassment of women reflects on the
changing patterns of Pakistan regarding women’s position in society.
However, the passing of Acts does not automatically lead to a change in
societal trends.
• The Khyber Pakhtunkhwa Finance (Amendment) Act, 2018 aims
to further amend the Khyber Pakhtunkhwa Finance Act 2013, to
levy, continue and revise certain taxes in the Province of Khyber
Pakhtunkhwa.
• The Khyber Pakhtunkhwa Child Protection and Welfare
(Amendment) Act, 2018 was passed to further amend the Khyber
Pakhtunkhwa Child Protection and Welfare Act 2010 in Section 2, 3,
4, 5, 9, 11, 13, 14 and 21.
• The Khyber Pakhtunkhwa Medical Teaching Institutions Reforms
(Amendment) Act, 2018 was passed to further amend the Khyber
Pakhtunkhwa Medical Teaching Institutions Reforms Act 2015. The
insertion of a new Section 4A was made to establish a Policy Board
for these institutions.
• The Khyber Pakhtunkhwa Employees of the Elementary
and Secondary Education Department (Appointment and
Regularisation of Services) (Amendment) Act, 2018 was passed
for the administrative amendments that were required in the
Khyber Pakhtunkhwa Employees of the Elementary and Secondary
Education Department (Appointment and Regularisation of
Services) Act 2017.
• The Khyber Pakhtunkhwa Employees of Transport Department
(Regularisation of Services) (Amendment) Act, 2018 was passed
to amend the Khyber Pakhtunkhwa Employees of Transport

Department (Regularisation of Services) Act 2017, substituting
Section 5 within the Act.
• The Khyber Pakhtunkhwa Provincial Buildings (Management,
Control and Allotment) Act, 2018 provides for the management
control, allotment and cancellation of allotment of provincial
buildings to government departments/offices and public office
holders in Khyber Pakhtunkhwa.
• The Khyber Pakhtunkhwa Local Government (Amendment) Act,
2018 amends the Khyber Pakhtunkhwa Local Government Act
2013. It stipulates as to how the accounts and pre-audits in the local
government have to be maintained. It also lays down the procedure
that will follow if the office of Nazim/District Council/Tehsil
Council/ Village/Neighbourhood council is vacant.
• The Khyber Pakhtunkhwa Local Government (Amendment) Bill,
2018 has amended the Khyber Pakhtunkhwa Local Government Act
2013. It also stipulates that the land or any building in University
Town Peshawar can be used for commercial activities.
• The Khyber Pakhtunkhwa Establishment of Information
Technology Board (Amendment) Act, 2018 has amended the
Khyber Pakhtunkhwa Establishment of Information Technology
Board Act 2011. It also provides for the establishment of a Khyber
Pakhtunkhwa Information Technology Board in order to regulate
the information and technology enabled services and education for
public and private sectors of the province.
• The Khyber Pakhtunkhwa Universities (Amendment) Act No XI of
2018 amended the Khyber Pakhtunkhwa Universities Act 2012 and
the following new entries were added to the Khyber Pakhtunkhwa
Universities Act 2012:
o The University of Lakki Marwat

o The University of Agriculture, Dera Ismael Khan
o The University of Engineering and Technology Mardan.
• The Khyber Pakhtunkhwa Marriage Functions (Prohibition of

Ostentatious Displays and Wasteful Expenses) Bill, 2018 aims at
regularising marriage functions by placing restrictions on wasteful
expenses. It also restricts the following:
o Function timings
o Bridal gifts
o Ostentatious celebrations.

• The Khyber Pakhtunkhwa Public Service Commission
(Amendment) Act, 2018 amends the Khyber Pakhtunkhwa Public
Service Commission Ordinance 1978 and the conduct of examination
tests for the purposes of promotion/selection on merit or for initial
appointment.
• The Khyber Pakhtunkhwa Protection Against Harassment of
Women at the Workplace (Amendment) Act, 2018 amends The
Protection against Harassment of Women at the Workplace Act
2010. It further lays down the procedure for the appointment of the
Ombudsperson.
• The Khyber Pakhtunkhwa Employees (Regularisation of Services)
Act, 2018 states the procedure for appointment and provides for the
regularisation of services of employees appointed on an ad hoc basis
against civil posts and contract basis against project posts in Khyber
Pakhtunkhwa.
Sindh
The following is a summarisation of all Acts passed by the Sindh
Provincial Assembly in 2018, including 14 Amendments on previously
existing Acts. This year again, Sindh has been the frontrunner in passing
the highest number of statutes within one year.
• The Sindh Public Procurement (Amendment) Act 2017 amended
The Sindh Public Procurement Act, 2009, in section 2, for clause (p),
where the definition of ‘services’ was reconstituted.
• The Code of Criminal Procedure (Sindh Amendment) Act 2017
amends The Code of Criminal Procedure, 1898, in its application to
the Province of Sindh, in section 144, in sub-sections (a), (b), (c), (d),
(e).
• The Sindh Sales Tax on Services (Amendment) Act, 2018 amends
The Sindh Sales Tax on Services Act 2011, substituting its provisions
in Section 4 and Section 84.
• The Sindh Holy Quran (Printing, Recording and Disposal of
Damaged or Shaheed and Sacred Auraqs) Act, 2018 regulates
the handling of the Holy Quran (Arabic text), in the context of its
translation, drafting, disposal, and offences against the Act. This Act
repeals The Publication of Holy Quran (Elimination of Printing and
Recording Errors) Act, 1973 (Act No. LIV of 1973), in its application
to the extent of the province of Sindh.
• The West Pakistan Highways (Sindh Amendment) Act, 2018
amends the West Pakistan Highways Ordinance 1959, in its
application to the province of Sindh.

• University of Modern Sciences, Tando Muhammad Khan Act
2017 aims to upgrade and reconstitute the University of Modern
Sciences to impart a higher and more systematic standard of Higher
Education as defined in the Act. There is encouragement of, but not
limited to, extensive research and publications, exams and award of
educational degrees.
• The Sohail University Act 2017 (Sindh Act No. XIII of 2018) provides
for the establishment of Sohail University to impart a superior and
more systematic standard of higher education as defined in the Act.
There is encouragement of, but not limited to, extensive research
and publications, exams and award of educational degrees.
• The Sindh Maternity Benefits Act, 2018 provides safeguards to
working women’s maternity benefits, proper child nursing and
job security in public and private organisations. It enforces proper
recognition of maternity leave for working women and ease for
mothers-to-be to balance their personal and professional lives.
• The Sindh Regularisation of Aesthetic and Laser Treatment Act,
2018 provides provisions to ensure regulations regarding laser and
aesthetic skin treatments in establishments providing treatments,
recognising that it is necessary to safeguard the public from amateur
and fraudulent practices that can result in permanent disfiguration
and injury.
• The Emaan Institute of Management and Sciences at Karachi
Act, 2018 provides for the establishment of the Emaan Institute of
Management and Sciences at Karachi by the Al Hamd Educational
Society which has committed to fully fund the establishment, future
management, maintenance and operation.
• The Sindh Sports Board (Amendment) Act, 2018 provides for
the amendment of certain provisions of the Sindh Sports Board
Ordinance 1980.
• The Sindh Regularisation of Teachers appointed on Contract
Basis Act, 2018 provides for regularisation of the services of certain
teachers appointed on contract basis in the year 2014 through the
National Testing Service (NTS) under the Teacher Recruitment
Policy (TRP) 2012, and Sindh University under TRP-2008.
• The Ziauddin University (Amendment) Act, 2018 amends Section
5 clause (xiv), Section 8(1) and Section 18 of the Ziauddin University
Act 1995.
• The Sindh Workers Welfare Fund (Amendment) Act, 2018 amends
Section 3(2) and Section 9(2) in the Sindh Workers Welfare Fund Act
2014.

• The Sindh Minimum Wages (Amendment) Act, 2018 amends
Section 3(1) in the Sindh Minimum Wages Act 2015.
• The Sindh Employees Social Security (Amendment) Act, 2018
made amendments in Section 2, 3(1), 5(1), 7(4), 20(1), 21, 23, 26, 32,
38, 39, 44, 57, 61, 62, 74, 75 and 84 of the Sindh Employees Social
Security Act 2016.
• The Sindh Employees Old-Age Benefits (Amendment) Act, 2018
amended Section 7(1)(c, d) in the Sindh Employees Old-Age Benefits
Act 2014.
• The Karachi Development Authority (Sindh Amendment) Act,
2018 amended Article 52-A, clause (2) in the Karachi Development
Authority Order 1957.
• The Sindh Development and Maintenance of Infrastructure Cess
(Amendment) Act, 2018 added Section 19 to the Sindh Development
and Maintenance of Infrastructure Cess Act, 2017, repealing the
provisions of Section 9 of the Sindh Finance Act 1994.
• The Sindh Land Tax and Agricultural Income Tax Ordinance 2000
(Amendment) Act, 2018 made amendments to the Preamble, Section
1(1), 2, Chapter II, 11, 13, 17, First Schedule and Second Schedule of
the Sindh Land Tax and Agricultural Income Tax Ordinance 2000.
• The Provincial Motor Vehicles (Amendment) Act, 2018 amended
the Provincial Motor Vehicles Ordinance, 1965 by inserting a new
section 82-A, 82-B, 87-A and 101-A, as well as an amendment to
Section 2, 94, 98 and the Twelfth Schedule in the West Pakistan
Ordinance No. XIX of 1965. The additions in the Amendment make
it mandatory for all motorists to give way to ambulances and other
emergency vehicles, a continuing issue in Pakistan’s major cities.
• The Sindh Home-Based Workers Act, 2018 formulates law relating
to persons working in the informal or unorganised sector within
their homes or in the surrounding grounds, and protection of their
rights. It highlights social benefits and grants that are owed to home-
based workers and regulation of their administration.
• The Sindh Regularisation of Contingent paid or Work-charged
Employees of Left Bank Outfall Drainage (LBOD) Act, 2018
provides for regularisation of the services of employees appointed on
contingent or work-charged basis in the Left Bank Outfall Drainage
(LBOD) of the Irrigation department of the Sindh Government.
• The Regularisation of Doctors appointed on Contract or Ad hoc
Basis Act, 2018 provides for regularisation of the services of all
categories of doctors appointed on contract or ad hoc basis in the
Health department or working in its projects, programmes and

health facilities.
• The Sindh Regularisation of Veterinary Doctors Appointed on
Contract Basis Act, 2018 provides for the regularisation of the
services of certain doctors appointed on contract basis under the
district-wise Veterinary Service Programme of the Livestock and
Fisheries department, Sindh Government.
Observations
The focus in 2018 has been on administrative amendments. Apart from
a few initiatives, there appears to be no real movement within the ambit
of human rights in Pakistan.
The country has faced the reality of child abuse during the year as the
media has raised awareness regarding the issue. Some action is being
taken for the protection and welfare of children but the implementation
in practical terms is less visible.
The Twenty-fifth Amendment in the Constitution regarding the
allocation of seats even now lacks the ultimate gender equality that a
democratic nation should represent.
The quota that has been allocated to women in the National Assembly
has improved over the year although the true essence of the right to
equality, which has been promised in the Constitution, is still lacking.
Moreover, the alterations for women in the provincial seats has been
negligible and the increase in the number of seats this year has not
benefited women whatsoever.
The issue of enforced disappearances is more prevalent in Pakistan
and the brutality of the crime is an offspring of the lack of legislation
surrounding it. The inability of victims and their families to seek
legal assistance in cases of enforced disappearance is a violation of
fundamental rights.
The stifling of freedom of expression intensified when the Prevention
of Electronic Crimes Act (PECA) 2016 was used to harass, subdue,
and arbitrarily detain human rights defenders over commentary made
online.
Blasphemy laws continued to contribute to the violation of the rights
of Pakistan’s citizens, used as they are to settle personal disputes and
enmities without the application of basic rule of law. The civil unrest
incited after Aasia Bibi’s acquittal demonstrated the opposition of
conservatives to a fair and accepting environment.
Minorities are still at the receiving end of discrimination despite the
relevant legislation being enacted. Issues relating to human rights stem
primarily from the cultural backgrounds of Pakistan’s various

communities and an intolerant mindset. However, it is the state’s
responsibility to align its legislation with international obligations and
standards of human rights.

Rule of Law
Administration of Justice
To enjoy the protection of law and to be treated in accordance with law is the
inalienable right of every citizen, wherever he may be, and of every other person
for the time being within Pakistan. In particular (a) no action detrimental to the
life, liberty, body, reputation or property of any person shall be taken except in
accordance with law, (b) no person shall be prevented from or be hindered in doing
that which is not prohibited by law; and (c) no person shall be compelled to do that
which the law does not require him to do.
Article 4(1) and (2)
No person shall be deprived of life or liberty save in accordance with law.
Article 9
All citizens are equal before law and are entitled to equal protection of law.
Article 25(1)
There shall be no discrimination on the basis of sex alone.
Article 25(2)
The state shall ensure inexpensive and expeditious justice.
Article 37(2)
No property shall be compulsorily acquired or taken possession of save for a public
purpose and save by authority of law ...
Article 24(2)
Recognition of the inherent dignity and of the equal and inalienable rights of all
members of the human family is the foundation of freedom, justice and peace in the
world. Universal Declaration of Human Rights
Preamble
Everyone has the right to recognition everywhere as a person before the law.
Article 6
All are equal before the law and are entitled without any discrimination to equal
protection of the law.
Article 7
Everyone has the right to an effective remedy by the competent national tribunals
for acts violating the fundamental rights granted him by the Constitution or by
law.
Article 8
Everyone is entitled in full equality to a fair and public hearing by an independent
and impartial tribunal in the determination of his rights and obligations and of any
Administration of Justice 33
criminal charge against him.
Article 10
No one shall be arbitrarily deprived of his property.
Article 17(2)
No one within the jurisdiction of a State Party to the present Optional protocol
[on abolition of death penalty] shall be executed. Each State Party shall take all
necessary measures to abolish the death penalty within its jurisdiction.
Second Optional Protocol to ICCPR
Article 1
In June 2018, the Chief Justice admitted that he had been unable to put
his ‘house in order’, effectively conceding that the long overdue judicial
reforms had yet to materialise, and that the courts were overwhelmed
by a mounting backlog of cases. By year end, there were close to 1.9
million cases pending in over 250 lower, special, and superior courts,
according to estimated official figures released by the Law and Justice
Commission of Pakistan (LJCP).
The expeditious disposal of cases and revamping of the criminal
justice system were among the topics for discussion at the 8th Judicial
Conference 2018 held in Islamabad in May. However, no effective
mechanisms were put in place as judicial activism took centre stage.
Judiciary – Pending cases
Pending cases in the Supreme Court (SC) hit an all-time high of 40,336
on 31 July. There has been an increase in the institution of cases in the
top court—1,739 cases were filed in the month of July alone. During
the same period, the SC decided 1,355 cases. In the first half of August,
682 new cases were received. The clearance of the backlog appeared an
insurmountable task, with an average of over 1,000 cases added to the
pendency every month, and the suffering of litigants was exacerbated by
the slow judicial process.
According to Law & Justice Commission data, collected as at 15 January
2019, as many as 39,742 cases were pending in the top court. Similarly,
in the high courts of all the provinces and Islamabad, 309,131 cases
were pending. In the district judiciary, of the 1,470,264 cases yet to be
decided, the Punjab accounted for 1,109,578 cases, Sindh 102,663; Khyber
Pakhtunkhwa 202,641, Balochistan 14,139, and Islamabad 41,243.
The Panama Papers case which led to the disqualification of
Nawaz Sharif alone lasted for months. Another petition seeking the
disqualification of Imran Khan and Jehangir Tareen of the PTI took
almost a year to arrive at a conclusion. According to some reports, the
increasing number of pending cases was primarily due to there not

180,000
167,117
Pending Cases
160,000
140,000
120,000
100,000
89,576
80,000
60,000
39,742
40,000
29,270
20,000 17,168
6,000
375
0
Lahore High Court Sindh High Court Peshawar High Islamabad High Balochistan High Supreme Court Federal Shariat
Court Court Court Court
Data as at 15.01.19 - Law & Justice Commission of Pakistan
being sufficient judges to hear the cases.

The Judicial Conference in May recommended that the ‘number of
courts and judicial staff should be increased for speedy disposition of
cases.’ The delay in disposal of cases was attributed to the shortage of
judges and strikes. The conference mentioned in this context that there
was ‘a dire need for reduction of strikes in the courts.’
Two Acts had been passed the previous year to address this problem.
The Cost of Litigation Act 2017 aimed to discourage vexatious and
false proceedings under the Code of Civil Procedure, and the Alternate
Dispute Resolution Act 2017 was intended to reduce the massive
backlog in cases in the courts by offering ADR as a less expensive and
quicker alternative to the courts in solving legal problems. ADR centres
were subsequently established in all the lower courts throughout the
Punjab.
Early in the year it was reported that a Bill was being drafted to
establish evening courts in Islamabad, to operate between 5.00pm and
8.00pm, ‘for speedy disposal of cases and clearance of backlog.’ The
district and sessions judge would supervise and monitor the courts,
under the overall control of the High Court. At the end of August, the
Standing Committee of the Cabinet for Disposal of Legislative Cases
(CCLC) was reported to have approved the Evening Courts Bill 2017.
One key objective of this initiative was to ensure that children who had
to appear in court could do so without having to miss school, as well
as to keep children away from the traditional environment of courts. A
pilot project of family courts in the evening was launched in November
at the Lahore High Court under the West Pakistan Family Courts Act
1964 and Guardians & Wards Act 1890. This will be extended to 36
other districts if required for the expeditious deciding of family cases.
Over time, it is expected that this new venture will be extended to the
courts generally, and would necessitate the induction of more judges
and associated staff.
A pilot project of family courts in the evening was launched in November at the Lahore High
Court.
Accountability
The most touted promises of the new government have been to build
a special task force to recover looted national wealth and to strongly
pursue large tax evaders. The activities of the National Accountability
Bureau (NAB) have been prolific in 2018. The conviction rate was said
to have reached 70 percent as the current NAB administration filed
440 corruption references, apprehended 503 accused persons, received
44,315 complaints, and conducted 1,713 complaint verifications during
the year. NAB claimed to have deposited Rs2.5 billion in the national
exchequer in 2018.
The pursuance of accountability has become extremely newsworthy,
attracting both acclaim and criticism—and even apprehension, according
to the Sindh Chief Minister, who said the fear and insecurity generated

by NAB was affecting the performance of government officials.
The most prominent case over the year was that of ex-premier Nawaz
Sharif, his daughter Maryam Nawaz, and his son-in-law Captain Safdar.
All three were granted bail and their sentences suspended. In December,
however, Nawaz Sharif was convicted by the accountability in another
case—Al-Azizia Steel Mills corruption reference—and given a seven-
year jail sentence together with a fine of Rs1.5 billion and US$25 million.
His brother, Shahbaz Sharif, was implicated in the Ashiana Iqbal
Housing Society corruption case in October. Former president Asif Ali
Zardari and his sister, along with other prominent persons, were named
in fake bank accounts and money laundering cases in July. The cases are
ongoing.
Other prominent cases involved the instigations of investigations
into Bahria Town, Defence Housing Authority (DHA) and Capital
Development Authority (CDA) after a Supreme Court verdict in a case
against the housing projects. A PML-N MNA and his brother, a former
Punjab health minister, were arrested and accused of misdealing in the
Paragon Housing Society scam.
A 17-year-old corruption case against three former generals and a
brigadier was re-opened in February when the Islamabad High Court
ruled that the army’s accountability process could not shield retired
military officers. The formal corruption reference against them was filed
in April.
In December, the Federal Investigation Agency (FIA) recommended to
the Supreme Court that the Asghar Khan verdict implementation case be
closed, citing its inability to gather evidence required to launch criminal
proceedings. Air Marshal Khan had filed a human rights petition in the
SC in 1996, accusing the Inter-Services Intelligence (ISI) of facilitating a
group of politicians and political parties in the 1990s. The SC had found
in favour, but left it to the then PPP government to take action under the
Constitution and the law.
Others caught in the NAB net included former prime ministers Yousuf
Raza Gilani and Shahid Khaqan Abbasi, politicians, media personalities,
and even the current prime minister’s advisor Babar Awan who resigned
after NAB filed a reference against him in the Nandipur power plant
case.
A former Punjab University Vice-Chancellor Dr Mujahid Kamran,
arrested by NAB for allegedly hiring people illegally and granting
contracts to undeserving companies, was later released on bail. He
claimed the accountability watchdog was torturing people in custody
and had installed CCTV cameras in washrooms.
The Supreme Court took suo motu notice of 70-year-old Dr Kamran
being led to his Lahore court hearing in handcuffs. The NAB Chairperson
also took notice of the incident and directed the Bureau’s Lahore chief
to investigate the matter and take action against the people involved.
The National Commission on Human Rights (NCHR) wrote to NAB in
November asking them not to humiliate detainees, saying ‘basic human
rights cannot be curtailed even if someone has been put into jail.’
70-year-old Dr Kamran being led to his Lahore court hearing in handcuffs.
The CEO of the University of Sargodha, Mian Javed Ahmed, had

been arrested by NAB in October on charges of corruption. He died in
judicial custody in Lahore District Jail in December and was reportedly
in handcuffs even after death. There was an outcry on social media
and HRCP expressed grave concern at the way in which people’s
fundamental right to dignity was being eroded away, ostensibly in
the name of accountability. The Commission further stated that the
innocence or guilt of those taken into custody by state institutions such
as NAB needed to be established under the law and with strict and
transparent regard for due process.
Towards the end of December, NCHR took suo motu notice of Mian
Javed’s death and told NAB to allow a team of the commission to inspect
their places of detention.
Around the same time the Punjab additional chief secretary (Home)
directed the inspector-general of prisons to strictly treat the inmates
allegedly involved in different cases instituted by NAB according to the
rules, and to ensure that no one was given any extra facilities in the jails.

Suo motu intervention
There was much controversy over the proliferation of suo motu notices
and action during the year, on a wide range of issues relating to public
interest, human rights, health, education, and even population control,
as well as matters that had been pending for decades. Some seemed
insignificant, even inappropriate, for the attention of the apex court, such
as the incident involving a Gilgit-Baltistan minister pushing an airport
officer at Islamabad airport, the transfer of a police officer under political
influence, the exorbitant fees at private hospitals, and the banning of
Indian content on Pakistan TV channels, as well as ‘contemptuous
speeches’ against the judiciary.
Other notices met with more appreciation, especially when the notice
taken by the Supreme Court expedited the filing of cases: the brutal
rape and murder of little Zainab in Kasur; the case of a child maid
tortured by her employers; the murder of a journalist associated with
a Lahore-based newspaper in Sialkot; the killing of people belonging to
the Hazara community in Quetta, and the inquiry into the negligence
of police and private hospitals after the tragic death of the child Amal,
caught in police crossfire.
One of the most important was the notice taken of the extrajudicial
killing of Naqeebullah Mehsud in an ‘encounter’ in Karachi, a case that
lingers on. SSP Rao Anwar—known as the ‘encounter specialist’—was
booked for killing four men, including Naqeebullah, in a fake encounter
in Shah Latif Town on 13 January 2018. He was also booked for claiming
fake recoveries of illicit arms and explosives on the victims. Rao Anwar
absconded until his arrest on 21 March. He was granted bail in July.
In 2017, a judicial magistrate sentenced law student Shah Husain to
prison for seven years for stabbing 21-year-old fellow student Khadija
Siddiqui, 23 times. During the trial, both evidence and statements
of witnesses were taken into account in the judge’s ruling that it was
attempted murder ‘without any shadow of a minor doubt’.
In June 2018, the Lahore High Court overturned the verdict. Acquitting
the assailant, Justice Sardar Ahmed Naeem in a controversial judgment
ruled the prosecution had ‘failed to prove guilt beyond reasonable
doubt’. The fact that Shah Hussain’s father belonged to the legal fraternity
caused some to doubt judicial independence. Khadija, steadfast in her
determination to obtain justice, took heart when the Supreme Court,
amid the uproar, decided to use its powers to re-examine the case, even
without a formal complaint.
The Pakistan Bar Council (PBC) in December reiterated its demand for
framing of rules by the Supreme Court for regulating the exercise of suo
motu powers under Article 184(3) of the Constitution by the top court.
Justice System Reform
A key discussion at the Judicial Conference in May revolved around the
need to counteract the drift towards lawlessness and extremism through
the rule of law, a culture of tolerance and the guarantee of justice. Much
emphasis was placed on the long-term measures needed to improve the
criminal justice system, a continuing refrain throughout the year from
several quarters.
In November, the PPP expressed concern over the ‘broken criminal
justice system’ and called for an overhaul of the system including the
creation of a separate constitutional court in the country besides the
Supreme Court, an amendment to the Constitution to provide the right
of appeal against decisions in all suo motu cases under Article 184(3),
and a review of the procedure for appointment of superior court judges.
The Strengthening Participatory Organisation (SPO) organised a
conference in July, titled ‘Rule of Law: Access to Justice and Citizen Inclusion’,
where it was stated that many vulnerable and marginalised people in
the country including women and minorities, especially those from the
lowest socioeconomic classes and rural areas, were in fact unable to get
justice or access to legal aid and were not even aware of their legal rights.
The Pakistan government supported the recommendation in its 2012
Universal Periodic Review Report to ‘continue the reform of the
judiciary’. Point 20 of the National Action Plan (NAP) requires reform in
the criminal justice system, and this remains one of the most neglected
actions, with no distinct progress at either federal or provincial level.
Several of the other points in the NAP are interlinked with criminal
justice which has a direct impact on their effective implementation.
The NACTA National Counter Extremism Policy Guidelines (NCEPG)
2018 go some way towards addressing this, but implementation across
the provinces could prove problematic, with the lack of coordination
between federal and provincial authorities.
Tensions between the bar and the bench have also highlighted the flaws
in the judicial infrastructure, a fact recognised in the Judicial Conference
declaration that ‘both the Bar and the Bench must work together in order
to curb delays’. There were numerous reports of stand-offs between
judges and lawyers, and the activism of lawyers in campaigning for
separate high court benches to be established received much news
coverage. An uncompromising resolution passed by the Karachi
Bar Association in June, ostensibly over the Chief Justice’s alleged
disparagement of an additional district judge in Sindh which resulted
in his resignation, implied that the CJ was micro-managing the judicial
system and interfering in the functioning of high courts. Prolonged
activism by lawyers has often disrupted and delayed court proceedings.

Prolonged activism by lawyers often disrupted and delayed court proceedings.
In December, in expressing dissatisfaction on the performance of NAB,

the Prime Minister indicated that legislation for legal reforms for the early
disposal of cases would be done through presidential ordinances—a
reference to the fact that the opposition had a majority in the Senate.
Military courts
The continuing excessive delays in the trial process and low conviction
rates resulted in the extension of the mandate for military courts until
March 2019. It was reported that the government was seeking another
similar extension after that deadline. A decision was still outstanding at
the end of the year, with some members of the opposition saying they
would not support an extension.
According to the ISPR—the media wing of the Pakistan military—
since inception the military courts had taken on 717 cases, out of which
646 were logically concluded. Death sentences were awarded to 345
terrorists.
The interior ministry presented different figures to the National
Assembly in December: Of the total 717 cases referred to the military
courts, 478 cases had been decided, which meant that the conviction
rate of the cases was more than 60 percent. Death sentences had been
awarded to 284 convicts and 56 of them had already been executed.
Similarly, 192 convicts had been awarded rigorous imprisonment, two
accused had been acquitted, and 54 cases dropped for technical reasons.
According to the ministry, 185 were still under process and had to be
completed by March 2019.
During the year, the Peshawar High Court (PHC) overturned a number of
convictions by military courts. In October, the PHC set aside convictions
by military courts of as many as 74 terrorism-accused, the majority of
whom faced death sentences.
Earlier, in September, another bench of the PHC stayed the execution
of a man who, his father claimed, had gone missing in 2009. According
to the father, he came to know about the fate of his son through a May
2018 ISPR press release announcing the award of the death sentence to
11 ‘hardcore militants’ by a military court.
This is an indication that the requirements of justice are not being
fully met in the military courts, known for their lack of transparency,
disregard of eyewitness accounts, and not giving the accused the benefit
of the doubt in the absence of sufficient evidence.
Blasphemy (see also Freedom of Thought, Conscience, and Religion)
The landmark judgment on the acquittal of Aasia Bibi was a beacon
of hope for opponents of the blasphemy law and a sign that, even in a
flawed judicial system, the rule of law was still capable of protecting an
innocent victim.
Aasia spent eight years on death row until she was acquitted by
the Supreme Court in October. At the end of the year she was still in
protective custody until the ruling has been reviewed and she can leave
the country to claim asylum.
The judgment could herald a new era of judicial precedent in which
someone accused of blasphemy will not be presumed guilty before the
trial begins. Accusations of blasphemy have an instantly inflammatory
effect, and threats from radical extremists are a very real concern for
judges and lawyers involved in such cases.
Weeks after Aasia’s acquittal, two Christian brothers were sentenced
to death for blasphemy. Qaiser and Amoon Ayub from Lahore fled the
country after they were first accused in 2011 but eventually returned
home. They were arrested at the airport while trying to leave a second
time and have been in Jhelum prison since 2014. They were convicted
in December of the ‘use of derogatory remarks in respect of the Holy
Prophet’, and sentenced to hang, after the judge ruled that the prosecution
had proved its case beyond the shadow of reasonable doubt.
Though no one has yet been hanged for committing blasphemy, the delay
in pronouncing a verdict is a tactic often employed by the judiciary to
keep the accused behind bars—many languish for decades before being
acquitted.

Citizenry
Transgender people (see also Women)
There was much progress evident in 2018 for transgender rights. The
state responded to campaigns launched by transgender rights activists to
improve state-based facilities and legislation protecting and enhancing
their rights with the enacting of the Transgender Persons (Protection of
Rights) Act, 2018.
Transgender community celebrating the passing of transgender bill of rights
In January, for the first time in the history of Pakistan, a commissioner for
transgender persons was appointed at the Wafaqi Mohtasib Secretariat
to redress the grievances of the community, as well as systemic issues,
through consultations with key stakeholders, research and studies. The
commissioner was also empowered to take suo motu action with prior
written approval from the Federal Ombudsman of Pakistan, coordinating
with the law enforcement agencies and making efforts for their welfare.
The Punjab Chief Secretary said in June that, in accordance with the
orders of the Supreme Court, the process for the issuance of computerised
national identity cards (CNICs) to transgender people would be made
simple and easy under a one-window operation, by setting up facilitation
centres in all districts through NADRA’s mobile vans.
In September, the Lahore High Court sought an explanation of the
unavailability of separate wards and rooms in public hospitals for the
transgender community, in response to a petition that pointed out the
Supreme Court had already issued an order in this regard which had not
been complied with.
The same month, the transgender community in the twin cities of
Rawalpindi and Islamabad expressed their resentment over the
discriminatory treatment they received in healthcare facilities. The
Forum of Dignity Initiatives (FDI) and Blue Veins produced a study—
Barriers to the Provision of and Access to Quality Healthcare for Transgender
Population of Pakistan—highlighting the serious widespread ignorance,
insensitivity, and discriminatory attitude of the healthcare providers.
By the end of November, the Human Rights Minister and the Federal
Minister for National Health Services, Regulations and Coordination,
inaugurated a separate ward at PIMS Hospital in Islamabad, announcing
free treatment and separate doctors for transgender patients.
It is too early to comment on the effects that the recently enacted
Transgender Persons (Protection of Rights) Act will have but, as in all
other human rights issues, the implementation of legislation is often a
supremely difficult task.
Racial Profiling
In June, at least eight people including four Pashtuns in Lahore were
injured in a ‘clash’ between the local residents and Pashtun traders over
a petty dispute which turned into an incident of alleged racial profiling.
According to witnesses, an announcement was made from a nearby
mosque calling on all the residents to ‘teach the Pashtuns a lesson’. The
Pashtun traders shut down their shops and fled the attackers, who then
allegedly damaged and ransacked the shops. The traders said the police
had been reluctant to register an FIR on their behalf but had allowed an
FIR against them. In August, the Punjab Police removed from its official
website a list of ‘Real Terrorism’ that contained pictures and names
of Punjab University students, mostly Pashtuns and Balochis, after an
uproar on social media.
A controversial government advertisement was pulled from TV
broadcasts on 15 September 2018 after it courted controversy and
allegations of racial profiling of Pashtuns. The advert urged people to
report hate speech, display of arms, illegal use of loudspeakers, and any
other suspicious activity.
Cases of significance
Supreme Court
• The Court acquitted Aasia Bibi, a Christian woman condemned to
death on blasphemy charges, after accepting her appeal against her
sentence, saying the ‘prosecution has categorically failed to prove its
case beyond reasonable doubt.’
• The Supreme Court (SC) reinstated a ban on the transmission of
Indian content on terrestrial, satellite, and cable TV channels, setting
aside an earlier verdict by the Lahore High Court (LHC), and citing
as justification the fact that India was constructing a dam in the

country’s northern territory claimed by Delhi and was blocking
rivers that flow into Pakistan.
• In a landmark verdict, the Supreme Court ruled that disqualification
handed down under Article 62 (1)(f) of the Constitution was for life.
The Article sets the precondition for a member of parliament to be
“sadiq’ and ‘ameen” (honest and righteous).
• While hearing a case pertaining to exorbitant fees charged by private
schools, the Court ordered a 20 percent decrease in fees, and directed
the schools to return half the fees they had charged for the summer
vacations. The order was applicable to private schools across the
country whose fees were in excess of Rs5,000. The Court had ordered
the schools to furnish their audit reports in October, and had formed
a committee to find an amicable solution to the issue.
• The Court delivered a landmark judgment in dismissing Tatheer
Fatima’s petition to remove her father’s name from her birth
certificate and all other official documents as he had neither paid
for her maintenance nor registered her with NADRA, due to which
she could not obtain an identity card. She had requested the court to
add ‘Bint-e-Pakistan’ in place of her surname. The court-appointed
advocate acting as amicus advised that the father’s name on official
documents was mandatory, and NADRA would have to install
new software to skip the father’s section. The Court added that the
father’s name could not be taken off under the Islamic Sharia and
Constitution.
• The Supreme Court ordered the federal cabinet to review its
decision to place the names of Sindh Chief Minister Murad Ali Shah
and other politicians on the Exit Control List (ECL). The Court was
hearing a suo motu case on a delay in a 2015 probe into fake bank
accounts allegedly used to launder billions of rupees.
Lahore High Court
• The Court upheld the verdict of an anti-terrorism court in the rape
and murder case of six-year-old Zainab of Kasur, and dismissed
Imran Ali’s appeal against his death sentence.
• While hearing petitions against ‘contemptuous’ speeches by PML-N
leaders, the Court ordered the Pakistan Electronic Media Regulatory
Authority (PEMRA) to make sure that no TV channels aired any ‘anti-
judiciary speeches’ in the future, and to ensure strict monitoring of
programmes to prevent any such content from being broadcast.
• The Court acquitted a man convicted earlier on charges of trying to
kill Khadija Siddique in a brutal knife attack. Shah Hussain, the son
of a senior lawyer, had been handed down seven years’ rigorous
imprisonment in 2017 by a judicial magistrate, which was later
commuted to five years by a sessions court in March. The original
judge had observed that the crime had been established beyond
doubt.
Khadija Siddique was stabbed 23 times by Shah Hussain, the son of a prominent lawyer.
• The Court rejected a mother’s petition for stay of execution of her

‘schizophrenic’ son Khizar Hayat, noting that the condemned had
been ‘convicted by the country’s biggest court’. The bench had
asked the petitioner’s counsel to prove that Hayat was ill and also
apprise the court under which law a schizophrenic prisoner could
not be executed.
Sindh High Court
• A division bench of the Sindh High Court Hyderabad circuit
expressed displeasure over the cases of two missing persons from
2015 and 2016 and directed police officials to appear in person before
it as there were specific allegations against them. The Court ordered
that the Sindh home secretary form a joint interrogation team (JIT)
for the recovery of a resident of Hyderabad in line with an earlier
order and directed the SP Hyderabad to provide legal protection to
life and liberty of the petitioner.
• While hearing a bail application of a suspect allegedly involved in
subjecting a three-and-a-half-year-old girl to criminal assault after
abducting her from the house of her maternal grandmother in a
Korangi locality earlier in the year, the Court expressed serious
concerns over the poor investigation of the case. The Court issued
guidelines to the police for investigation of such cases, underlining
the need for proper coordination between the investigating and
prosecuting agencies and directing that measurers be taken for the

protection of the victims as well as proper training of investigating
officers.
• The Court accepted an application filed by the father of Naqeebullah
Mehsud—killed in a staged encounter in Karachi early in 2018—to
transfer the case to another anti-terrorism court (ATC). The appellant
had expressed lack of confidence with the ATC-II judge hearing the
case, a view shared by the prosecutor.
• In hearing a case regarding more than five percent increases in tuition
fees by private schools and institutions, the Court ordered private
schools to restore the fee structure in place on 20 September 2017
and reimburse any excess fees charged. The court also ordered the
schools to desist from collecting three months’ fees in advance, and
said that non-compliance with the order would result in contempt
of court proceedings.
Peshawar High Court
• The Court suspended the death sentence handed to a man convicted
for terrorism by a military court for an attack on a civilian funeral
service in Mardan, which resulted in the deaths of 30 people. The
plaintiff’s lawyer submitted that Burhanuddin was mentally unfit,
undergoing treatment before and throughout the duration of his
custody, and had not been given a fair trial. The Court accepted the
family’s plea and asked the federal government and departments
concerned to submit a report.
• The Court stayed the execution of eight terror convicts by
suspending the death sentence awarded to them by military courts
and summoned the records of their cases from the defence ministry.
• A single-member bench granted bail to a man suspected of being
involved in murdering a transgender person and dismembering the
body. The bench observed that it appeared from the records that not
one iota of evidence had been collected during investigation to show
the petitioner’s involvement in the murder and therefore his case
was arguable for the purpose of bail.
• In considering a case of the convictions by military courts of 74
people accused of terrorism, the Court set aside the convictions and
sentences as having been based on malice in law and facts, and lack
of evidence, and directed that all the convicts/internees be set free.
• A single-member bench temporarily stopped the execution of a
militancy convict charged by a military court of attacking law
enforcement officers. Issuing the stay order, the bench ordered the
defence and interior ministries to respond to a petition filed by
Bashir Ahmad’s wife, and sought records of the case.
Islamabad High Court
• In a landmark judgment in the case of the disappearance of IT expert
Sajid Mehmood, the Court ruled that officials involved in enforced
disappearances would be subject to criminal sanctions and may
be charged under the Anti-Terrorism Act (ATA). It said the police
had ignored grave violations of fundamental rights of citizens
in not investigating the case. The Court said it was the ‘duty and
obligation of the State to take effective and prompt action when
“enforced disappearance” has been alleged’. In its judgment, the
High Court used a definition of enforced disappearances in line with
the International Convention for the Protection of All Persons from
Enforced Disappearance (ICPPED), despite Pakistan not having
ratified it.
Recommendations
• Expedite the reforms of the criminal justice system under the
National Action Plan and ensure implementation across the country
to improve coordination and conformity in law and order.
• Address issues of conflicting jurisprudence on similar questions of
law. Conflicting judgments give rise to frivolous litigation and larger
backlog of cases and will create uncertainty in the interpretation of
legal provisions and maxims.
• Exercise sparingly the discretionary power of taking suo motu
notices by the Supreme Court, ensuring that these matters are
expeditiously disposed of with directions to concerned parties,
as opposed to being kept in pendency for long periods. Make all
decisions delivered under Article 184 (3) of the Constitution of
Pakistan, 1973 (in exercise of the Supreme Court’s suo motu powers
or on an application by anyone) appealable.
• Ensure inclusion in the selection criteria for the appointment of
judges an assessment of the candidates’ knowledge of human
rights issues. Candidates who demonstrate a bias against gender or
minorities should not be elevated to the bench.
• Ensure fair and transparent trials for everyone as there is little
evidence to show that military courts have succeeded in increasing
respect for the rule of law.
• Reinstate the moratorium on the death penalty and also consider
abolishing it by ratifying the Second Optional Protocol of the ICCPR.
• Restrict the number of offences carrying the death penalty to the
most serious crimes only, and refrain from adopting new crimes
entailing capital punishment.

Rule of Law
Death Penalty
No one within the jurisdiction of a State Party to the present Optional protocol
[on abolition of death penalty] shall be executed. Each State Party shall take all
necessary measures to abolish the death penalty within its jurisdiction.
Second Optional Protocol to ICCPR
Article 1
At the tail end of the year, human rights campaigners and proponents
of justice and mercy were stunned at the news that Pakistan, along with
161 other countries, had voted in favour of a UN resolution calling for a
moratorium on the death penalty. Sadly, the news really was too good
to be true—within hours the Foreign Office said that the UN had made
a ‘mistake’. Pakistan had voted against the resolution in accordance
with its ‘consistent policy’. This was yet another missed opportunity.
Particularly at risk are the poor and undereducated, who have to rely on
substandard legal defence.
The extraction of ‘confessions’ under duress, unsubstantiated evidence
and allegations made to settle personal scores, defective investigations
by law enforcement officers, and the military courts who operate without
transparency, are all characteristics of the flawed criminal justice system
that allows the death penalty to be handed down for 27 offences. Many
of these offences do not cause death.
Grim statistics
According to Justice Project Pakistan (JPP), a non-governmental
organisation working for prisoner’s rights:
• There were 4,688 prisoners on death row at the end of the year.
• At least 500 have been executed since 2014, 14 of them in 2018.
• Despite a reduction in death row numbers, Pakistan continues
to account for 13 percent of global executions.
• The Punjab still accounts for 81 percent of the executions carried
out, and 89 percent of the death sentences awarded since 2014.
• The average time a person will spend on death row is 11 years.
The Amnesty International report, Death Sentences and Executions 2017,
which was released in April 2018, placed Pakistan 5th amongst the
Death Penalty 49
countries where most executions took place, and among four countries
which together accounted for 84 percent of all reported executions.
The report also mentioned that it ‘believed that juvenile offenders
remained on death row’ in Pakistan, along with four other countries,
noting that ‘imposition and execution of the death penalty against
people who were aged under 18 when the crime was committed is a
violation of international law’. Pakistan was also mentioned along with
several countries where people with mental or intellectual disabilities
were executed or remained under sentence of death.
Figures submitted by the Federal Ombudsman to the Supreme Court
indicated that there had been a drop of 2,476 prisoners on death row.
Despite a 35 percent reduction in the death row population since 2012,
Pakistan accounts for 24 percent of the world’s death row and continues
to add prisoners at an average 351 annually since 2004.
Pakistan’s prisons are severely overcrowded, with inmates said to be 57
percent over capacity. As many as eight prisoners could be confined for
most of the day in a cell meant to accommodate two, as their numbers
are topped up regularly.
Anti- Anti-
Death Sessions Military Other/No
terrorism narcotics
Penalty courts Courts info
courts courts
2017 2018 2017 2018 2017 2018 2017 2018 2017 2018
Awarded 215 149 9 156 34 34 - 6 3 1
Executions 18 11 43 1 2 2 - - 1 -
HRCP Death Penalty monitoring data
Total 2017 2018

Awarded 261 346
Executions 64 14
Mental illness and the death penalty

The death sentences handed down to Kaniz Fatima and Imdad Ali, both
of whom had a history of mental illness. were reviewed by the Supreme
Court in April. At the time, the Chief Justice said ‘Neither reason nor
sensibility allow me to believe that we can execute a mentally ill or
disabled person’.
In October the SC ordered the formation of a medical board of renowned

psychiatrists to re-examine Imdad Ali to determine exactly when his
illness had started. He has been in prison for 16 years and has received
multiple execution warrants. The medical board was directed to provide
their final report within two months. A member of the bench remarked
that ‘We have to decide whether the execution of an inmate will remain
relevant if the convict had developed the disease two years before his
execution date.’
The same order was applied to Kaniz Fatima who has been in prison for
29 years and, according to her lawyers, has not spoken for 12 years and
is not able to eat, drink or take care of herself without assistance.
Saleem Ahmad, 63, has been in prison for 14 years, accused of murder. The
investigation officer testified to having knowledge of his mental illness,
and the trial court recognised that he was ‘insane’ and ‘did not have
any orientation about time and space.’ Despite this, he was sentenced
to death in 2004. His scheduled execution in November 2017 was stayed
and subsequently, in November 2018, a medical board confirmed that
he was suffering from chronic schizophrenia, which required regular
medical treatment.
In November, Human Rights Watch urged Pakistan to remove people
with psychosocial disabilities from death row as it violated the ‘country’s
international legal obligations’ to ensure the right to be free from cruel,
inhumane, or degrading punishment.
Beyond the shadow of a doubt
The Justice Project Pakistan report found that a special appellate bench,
formed by the Supreme Court to adjudicate upon murder appeals, had
overturned 467 death sentences in 546 appeals, that is 85 percent, since
December 2014.
Most of the decisions cited faulty investigations, evidence and mistrials.
Whether a single bench can keep up with the number of death sentences
meted out at a rate higher than the world average is questionable,
particularly given that the study says a prisoner spends on average 11
years on death row before acquittal or commutation of a death sentence.
There have also been reported instances where prisoners have been
executed before being acquitted of the crime they were accused of.
During the year, the Peshawar High Court overturned a number of
sentences awarded by military courts. In October, the PHC ordered the
release of 74 convicts accused of involvement in terrorism on the grounds
that the charges against them could not be proved. It was reported that
close to 50 of them had been sentenced to death.
The civil dispute factor
Another aspect highlighted by the JPP report was that civil disputes
Death Penalty 51
involving a homicide were predominate amongst the cases resulting in
death sentences. It was suggested that delays in resolving civil disputes
moved people to take matters into their own hands, with the inevitable
violence and fatalities inviting death sentences for the perpetrators.
HRCP holds a rally against the death penalty
The way forward

Amnesty International claimed in their report Death Sentences and
Executions 2017 that there was a global trend towards the abolition of
the death penalty, and its secretary general said that ‘the isolation of the
world’s remaining executing countries could not be starker’.
While the abolition of the death penalty has to be the ultimate goal, a first
step for the long-neglected reform of the criminal justice system would
be to restore the moratorium pending the review. The high incidences
of death sentences being overturned by the Supreme Court clearly
demonstrate that the current system leaves too much room for error and
miscarriages of justice. Unless curtailed, it will continue to make hapless
victims of the underprivileged and unrepresented.
Recommendations
• Reinstate the moratorium on the death penalty and also consider
abolishing it by ratifying the Second Optional Protocol of the ICCPR.
• Restrict the number of offences carrying the death penalty to the
most serious crimes only, and refrain from adopting new crimes
entailing capital punishment.

Rule of Law
Pakistan and International

Human Rights Mechanisms
Universal Periodic Review
The year 2018 was an important one for assessment of Pakistan’s
international human rights commitments and compliance with treaty
obligations. In March, the United Nations Human Rights Council
adopted the outcomes of Pakistan’s third Universal Periodic Review
(UPR).
The UPR is a key mechanism of the UN Human Rights Council which
assesses the human rights situation of all UN member states with the
objective of improving the fulfilment and compliance of the human
rights obligations and commitments of the member states. The UPR is
essentially a peer-reviewed process, and status of fulfilment of human
rights obligations of each country is reviewed every four to five years
by the UPR Working Group, consisting of the 47 UN member states of
the Human Rights Council. All UN member states have the right to take
part and make recommendations in the discussions during the UPR of
the reviewed states.
The third UPR report highlighted areas of concern that remain in
Pakistan since its previous UPRs in 2012 and 2008. Pakistan had its third
UPR on 16 November 2017 and received a total of 289 recommendations
during the review. Delegations of 111 states took the floor to make
statements, and 14 states submitted their questions in advance.
Pakistan received a broad range of recommendations during the review
process. These included reinstatement of a moratorium on execution
with the aim of abolishing the death penalty completely; repealing or
amending ‘blasphemy laws’ to bring them in line with international
human rights law; and ensuring effective protection of the rights of
religious minorities, human rights defenders, journalists and other
vulnerable groups, amongst many others.
Pakistan has implemented some of the recommendations from the
second cycle of UPR in 2012. It established the National Commission
for Human Rights (NCHR), a statutory authority to monitor human
rights, but which still needs to be properly empowered to operate
independently. Pakistan has also enacted legislation, as promised,
criminalising domestic violence and workplace harassment, addressing
the lacunae in the anti-honour killing bill, and enacting a law to register
Pakistan and International Human Rights Mechanisms 53

Hindu marriages.
In adopting the second cycle UPR outcome report, Pakistan agreed to
ensure accountability for violent attacks and other abuses on religious
minorities. Pakistan also agreed to adopt measures to prevent the abuse
of blasphemy laws, and halt forced conversions. Despite that, since
2012 religious minorities have faced sharply increased insecurity and
persecution.
In its statement on the outcome report of the UPR, Pakistan promised
to ‘review and align the legislation with freedom of religion and belief
and freedom of expression, as stipulated in the ICCPR.’
Section 295-C of Pakistan’s penal code makes the death penalty
mandatory for blasphemy, although no one to date has been executed
for the crime. The Pakistani government failed to amend or repeal the
blasphemy law provisions that provide a pretext for impunity and
violence against religious minorities.
During its UPR review in 2012, Pakistan accepted the recommendation
to take measures to ‘bring to justice perpetrators of attacks on journalists
by effectively investigating all individuals and organisations accused of
such abuses.’ However, no progress has been made in this regard, nor has
the government acted on its commitment to ‘introduce strong legislation
prohibiting attacks against journalists to effectively investigate such acts
and prosecute the perpetrators.’
In its 2012 UPR, the Pakistan government supported the recommendation
to, ‘continue the reform of the judiciary, law enforcement and the
penitentiary system, as well as continue the policy to reduce crime and
corruption.’ Instead of taking measures to reform the criminal justice
system, the Pakistan government approved the functioning of secret
military courts empowered to try civilians and impose the death penalty
in terrorism-related cases.
Pakistan supported the recommendation during its last UPR to,
‘specifically criminalise enforced disappearances in the penal code and
reinforce the capacities of the Pakistanis [sic] Inquiry Commission on
Enforced Disappearances in order that the Commission can fully carry
out its mission.’ Pakistan has failed to uphold that commitment.
In the last UPR in 2012, the Pakistan government accepted the
recommendation to ‘consolidate measures to address sexual abuses and
exploitation of children.’ In May 2016, the UN Committee on the Rights of
the Child concluded its review of Pakistan and expressed concern about
a number of issues affecting children, including executions, the impact
of sectarian violence and terrorism, alleged torture and ill-treatment in
police custody, and use of children in the worst forms of labour. The
Pakistani government failed to establish the National Commission on

Protesters demand the recovery of missing persons at a rally at the Liberty roundabout in
Lahore
the Rights of the Child, an independent body to protect and enforce

child rights in the country.
During the 2012 UPR, the Pakistan government agreed to ‘continue
working for the welfare of children, women and persons with
disabilities.’ Pakistan ratified the Convention on the Rights of Persons
with Disabilities in 2011, yet implementation has been slow. For
example, under the convention Pakistan is obliged to provide adequate
health care, support, and procedural adjustments to enable people with
disabilities to participate in the judicial process. Yet adequate safeguards
for the rights of prisoners with disabilities have not been put in place.
Some individuals with physical or psychosocial disabilities were on
death row in very difficult conditions, including solitary confinement,
which can severely exacerbate previously existing mental health
conditions.
On protection of human rights defenders, specifically, Canada
recommended that Pakistan bring to justice anyone who threatens,
abducts or attacks human rights defenders, journalists, bloggers, or others
who work to promote democracy. On ensuring freedom of expression,
Austria recommended introducing strong legislation prohibiting attacks
against journalists, to effectively investigate such acts and to prosecute
the perpetrators.

The Pakistan delegation to the UPR mentioned its key recent
achievements as the Elections Act 2017, encouraging the participation
of women in elections as both candidates and voters; a review of the
Convention on the Rights of Persons with Disabilities to identify the
changes necessary in the relevant laws; the introduction in the Senate
of the Transgender Persons (Protection of Rights) Bill; the enactment of
the laws against rape and ‘honour’ crimes; adoption of the law on the
protection of children and the National Commission on the Rights of the
Child Act to bring the legal system into conformity with the Convention
on the Rights of the Child; the adoption of the National Health Vision
(2016–2025) to set national priorities with clear budgeted targets; and the
introduction of the Bill on compulsory child immunisation.
Regarding achievements at the provincial level, the Pakistan delegation
mentioned the adoption of the Punjab Protection of Women against
Violence Act; Acts on domestic violence in Sindh and Balochistan; the
Punjab Fair Representation of Women Act; and the Punjab Marriage
Restraint (Amendment) Act. The delegation stated that institutions
such as the Inter-provincial Ministerial Group were working for the
promotion and protection of human rights across the country. The
delegation stated that the application of the death penalty was in full
compliance with the International Covenant on Civil and Political
Rights. It was applicable only for the most serious crimes. It could not be
imposed on an individual under the age of 18.
The delegation also argued that the blasphemy laws were non-
Pakistan still needs to do a lot more to support key human rights principles, such as taking
effective measures to prevent the abuse of blasphemy legislation

discriminatory in nature, dealt with offences against all religions, and
were applied to Muslims and non-Muslims alike, and several safeguards
were in place to prevent their abuse.
On growing concerns regarding freedom of expression the delegation
stated that free expression was preserved through Article 19 of the
Constitution and that the safety of journalists was of paramount
importance in view of the instrumental role played by them in ensuring
freedom of the press, fostering a culture of accountability, and protecting
citizens’ rights.
HRCP’s response to the UPR
Marking the 70th anniversary of the Universal Declaration of Human
Rights (UDHR), the Human Rights Commission of Pakistan (HRCP)
organised a public lecture by its honorary spokesperson and veteran
human rights defender, I A Rehman in December 2018. The event was
attended widely by civil society, including students, lawyers, human
rights activists and media persons.
The theme of the lecture was to assess Pakistan’s performance during its
third Universal Periodic Review (UPR) in 2017. Under the auspices of
the Human Rights Council, all member states are given the opportunity
to declare what actions they have taken to improve the human rights
situations in their countries and to meet their human rights obligations.
HRCP expressed its grave concerns at the exponential rise in the number
of recommendations Pakistan had received from its peers with respect to
human rights concerns in the country. The Commission was encouraged
by the recommendations that had been ‘supported’ by Pakistan under
the 2017 Review, which included the reduction of poverty and inequality;
making enforced disappearance a criminal offence and ensuring that all
allegations of enforced disappearance and extrajudicial executions were
thoroughly investigated; ensuring that all perpetrators of torture were
brought to justice; the right to a fair trial for all; and preventing impunity
for crimes against journalists and media workers.
However, Pakistan had chosen to ‘note’, rather than ‘support’, key
human rights principles such as reporting the investigation and
prosecution of security forces that commit human rights violations
and abuses; amending discriminatory laws against marginalised
groups, including women and girls and ethnic and religious minorities;
protecting the rights of the child more effectively, particularly during
counter-terrorism activities; desisting from issuing death sentences
and executing juveniles; and taking effective measures to prevent the
abuse of blasphemy legislation and the use of violence against religious
minorities.
In a statement, HRCP strongly urged the state to commit to its

willingness to continue cooperating with the United Nations human
rights mechanism, and to apply both in principle and practice the UPR
recommendations it had ‘noted’ as well as ‘supported’.
HRCP stressed that, by 2022, the country’s human rights record must be
seen to improve substantially—not merely to uphold an international
image, but because these principles were part of the state’s moral
and responsibility to its citizens and residents under the Universal
Declaration of Human Rights, to which it was a signatory.
At the lecture, former senator Farhatullah Babar called for the 2017
report of the third Universal Periodic Review containing the UN
recommendations and the promises made by Pakistan to improve its
human rights record to be placed before Parliament. He pointed to the
deteriorating human rights situation in the country where enforced
disappearances continued with impunity, internment centres had
become Guantanamo like prisons, the security of human rights defenders
was diminishing, movement was restricted, censorship imposed, and
there was no legislation to protect the rights of refugees.
Election to the UN Human Rights Council
In October 2017, Pakistan was elected to serve as a member of the UN
Human Rights Council from January 2018 to December 2020. The UN
General Assembly selected 15 states to serve as members of the UN
Human Rights Council for the three-year term. From the Asia-Pacific
region, Nepal, Qatar, Afghanistan, and Pakistan were selected out of
five candidates.
According to UN General Assembly Resolution 60/251, ‘members elected
to the Council shall uphold the highest standards in the promotion and
protection of human rights.’ The Resolution also provides that ‘when
electing members of the Council, Member States shall take into account
the contribution of candidates to the promotion and protection of human
rights and their voluntary pledges and commitments made thereto.’
Pakistan has affirmed in its election pledge to the Human Rights Council
that it is ‘firmly resolved to uphold, promote and safeguard universal
human rights and fundamental freedoms for all.’ However, according
to international human rights organisations, the pledge did not directly
address many of the most serious human rights issues facing Pakistan,
including enforced disappearances, the use of the death penalty,
blasphemy laws, the country’s use of military courts, women’s rights
including the right to education, and threats to the work of human rights
defenders, lawyers, and journalists.
Cooperation with United Nations Special Procedures
Since 2012, Pakistan has accepted country visit requests by the UN Special

Rapporteur on the independence of judges and lawyers and the UN
Working Group on Enforced or Involuntary Disappearances. Requests
for visits from a number of other special procedures, however, remain
pending, including: the Special Rapporteur on extrajudicial executions
(pending since 2000); the Special Rapporteur on the situation of human
rights defenders (pending since 2003); the Special Rapporteur on the
promotion and protection of human rights while countering terrorism
(pending since 2006); the Special Rapporteur on freedom of religion or
belief (pending since 2006); and the Special Rapporteur on torture and
other cruel, inhuman or degrading treatment or punishment (pending
since 2010), among others.
International Labour Organisation (ILO)
The ILO is the only tripartite U.N. agency, bringing together
governments, employers, and workers of 187 of its member states, to set
labour standards, develop policies, and devise programmes promoting
decent work for all women and men.
Pakistan has never fully applied the fundamental ILO conventions
The Government of Pakistan has ratified 36 out of a total 189 ILO

conventions, including eight fundamental conventions, out of which 31
are still in force. The eight core conventions cover: forced labour; the
right to unionise; the right to collective bargaining; equal remuneration;
abolition of forced labour; discrimination in employment/occupation;
minimum age; and the worst forms of child labour.

Pakistan has never fully applied the fundamental conventions. Even
where legislation exists, there is a huge gulf between enactment of
laws and their implementation. The ILO Committee of Experts on the
Application of Conventions and Recommendations has repeatedly,
through 2016-2018, expressed the hope that the government of Pakistan
will comply with its obligation to submit Conventions, Recommendations
and Protocols to the competent authority and to inform the ILO in this
respect.
Pakistan ratified the C144 - Tripartite Consultation (International Labour
Standards) Convention, 1976 in 1994, and the subject of labour was
subsequently devolved to the regions under the 18th Amendment. The
enactment of new labour legislation is slow in the provinces, with the
exception of Sindh which has passed the most labour laws. At the end
of 2017, the Sindh government held its first consultation and formulated
14 new labour laws, after which it initiated the process of framing new
Rules. In 2018 it organised its second consultation with the technical
and financial support of the ILO through its International Labour and
Environmental Standards project, funded by the European Union, and
its German-funded Labour Standards in Global Supply Chains project.
As a result, the Rules of Business were drafted for the following five labour
laws: The Sindh Industrial Relations Act 2013, Sindh Bonded Labour
(Abolition) Act 2015, Sindh Prohibition of Employment of Children Act
2017, Sindh Terms of Employment Act (Standing Order) 2015, and the
Sindh Workers Compensation Act 2015. The other provinces have yet to
follow suit in holding tripartite consultations.
Significant among the conventions that Pakistan has not ratified are
those on pollution-free environment; safety and health in construction,
in agriculture and in mines; home workers and domestic workers;
prevention of major industrial accidents; and minimum wages.
The numerous and regular reports of industrial accidents in Pakistan,
and particularly the all too frequent cases of fatal accidents in mines,
point to the urgent need for regulations.
GSP Plus
The Generalised Scheme of Preference plus (GSP +) is an initiative of the
European Union (EU) which allows vulnerable developing countries to
pay fewer or no duties on exports to the EU, giving them vital access
to the EU market and contributing to their growth. Pakistan applied
for the GSP Plus status to be formally granted by the European Union
and was given the status in March 2018. The European Parliament had
previously granted the GSP Plus status to Pakistan through a vote of 406
parliamentarians out of a total of 780.
The grant of GSP Plus status is contingent upon the implementation of 27

core human, labour, environment rights, and governance conventions.
In January 2018, the European Union issued an assessment of Pakistan
for the period 2016-17.
The EU noted some positive developments and efforts made by the
government to promote and uphold human rights. Among them was The
National Action Plan on Human Rights, which was the first of its kind
in Pakistan, and was approved by the Prime Minister in the first half of
2016. The EU observed that the plan, while somewhat general, includes
many important priorities and actions. However, the EU expressed
concern at the lack of progress reporting of the Plan to the public and
that consequently it remained unclear how many of the priorities and
actions outlined in the Plan had been implemented.
The EU report noted the establishing of Treaty Implementation Cells
(TICs) at the federal and provincial levels as a positive development.
Other key initiatives that the EU highlighted included the National
Commission on Human Rights (NCHR), which was constituted in 2015,
and how it has in the past two years gradually played a more active role
and issued a number of important reports and observations, including
on controversial topics. However, according to the EU, the NCHR’s
functional and budgetary autonomy, as required by the Paris Principles,
has not yet fully materialised. The NCHR was not able to appear before
some UN Treaty Body committees.
The federal and provincial Commissions on the Status of Women have
also played an important role in promoting human rights in Pakistan.
The National Commission for Child Welfare and Development has been
established.
While noting the positive developments mentioned above the EU
also highlighted that there were several areas where the human
rights situation in Pakistan remained unchanged or where there were
worrying developments. For instance, only limited action had been
taken to address the longstanding issue of enforced disappearances and
extrajudicial killings.
Similarly, the Government had not taken effective measures to prevent
the widespread use of torture. According to the EU, the application of
the death penalty and executions remained a grave concern, while a
review of the crimes carrying the death penalty would be a welcome
first step in the right direction.
The EU expressed concern at the continued difficult situation of religious
and ethnic minorities. According to the EU serious concerns remained
about freedom of expression, freedom of association and assembly, the
situation of human rights defenders and civil society activists, and the
overall ‘shrinking civil society space’.

The EU termed the picture of Pakistan’s performance on human rights
during the reporting period as mixed and that the lack of progress in
certain areas can to some extent be explained by the many challenges
faced by the Government, including the difficult security situation, and
the lack of resources and capacity. However, it reiterated that Pakistan
must step up its efforts and take more proactive, sustained and forceful
action to implement legislation and to address problematic areas.
The EU emphasised that to do so it was imperative Pakistan follows
up on the recommendations provided by the UN Human Rights Treaty
Bodies, addressing identified shortcomings and strengthening the
overall implementation of the relevant treaty obligations.

II
Enforcement
of
Law
Enforcement of Law
Law and Order
No person who is arrested shall be detained in custody without being informed, as

soon as may be, of the grounds for such arrest, nor shall be denied the right to
consult and be defended by a legal practitioner of his choice.
Every person who is arrested and detained in custody shall be produced before a
magistrate within a period of twenty-four hours of such arrest.
The dignity of man and, subject to law, the privacy of home, shall be inviolable.
No person shall be subjected to torture for the purpose of extracting evidence.
Everyone has the right to life, liberty and security of person.
Article 3
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or
punishment.
Article 5
Everyone charged with a penal offence has the right to be presumed innocent until
proved guilty according to law in a public trial at which he has had all the guarantees
necessary for his defence.
Article 11(1)
No one shall be subjected to arbitrary interference with his privacy, family, home or
correspondence, nor to attacks upon his honour or reputation. Everyone has the
right to the protection of the law against such interference or attacks.
Article 12
Violence
As in previous years, there has been a steady decline in conflict-related
deaths, although the 2018 General Election saw a rise in violent deaths
for the period between June and July.
According to the Centre for Research and Security Studies (CRSS)
Annual Security Report 2018, of the 2,333 casualties in 2018, 1,131 were
fatalities, down 45% from 2047 the previous year. Balochistan had the
highest number of fatalities at 407, followed by erstwhile FATA (208)
and Sindh (192). The biggest decline was in the Punjab, where fatalities
dropped by nearly 69% (469 to 146), followed by Sindh (57.8%) and the
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former FATA (52.3%). Civilians accounted for 53 percent of the total
casualties (598), with 243 security personnel and 289 militants.
Suicide attacks represented the main form of violence by militants and
the primary source of casualties. The Pakistan Institute for Conflict and
Security Studies (PICSS) said that 46% of the overall deaths, and 48%
of the total injuries, in militant violence in 2018 were caused by suicide
attacks—with the ratio of deaths per attack in 2018 increasing from 13
to 15. During the year 2017, the percentage of deaths in suicide attacks
was 33 percent.
Violence spiked sharply during the time of the general elections. The
PICSS said that 40 percent of the total deaths took place in July. Several
candidates were targeted during public gatherings, including a sitting
minister. Five separate attacks took place in July alone. On 7 July, an
attack on the convoy of Muttahida Majlis-e-Amal (MMA) candidate
Shiren Malik in Bannu resulted in injuries to him and six others.
A second fatal attack on 10 July in Peshawar claimed the life of Awami
National Party (ANP) leader Haroon Bilour, along with 21 others. Jamiat
Ulema-e-Islam-Fazal (JUI-F) leader Akram Khan Durrani’s survived an
attack on his convoy on 13 July as it headed back from an election rally
in Bannu, but four others were killed. Hours after, a suicide attack on a
rally in Mastung targeted Balochistan Awami Party (BNP) provincial
assembly candidate Nawabzada Siraj Raisani. At least 131 people lost
their lives along with Raisani.
Ikramullah Gandapur from the Pakistan Tehreek-e-Insaf (PTI) was also
killed in Dera Ismail Khan. Thirty-one people were killed on polling day
in Quetta in an attack outside a polling station.
Violence perpetrated by the police
The year was marked by increased conversation in the mainstream media
and political movements as well as civil society regarding extrajudicial
killings, fake encounters, and brutality at the hands of law enforcement
agencies. The extrajudicial murder of Naqeebullah Mehsud, along with
three others, at the start of the year culminated in nationwide protests
by the Pashtun Tahafuz Movement (PTM) and resulted in an inquiry
committee that found police personnel culpable in the killing, although
the main suspect, Rao Anwar, was still out on bail at the end of 2018.
A young man, Maqsood, also died in Karachi in January, allegedly
caught in the crossfire between police and a gang of criminals. CCTV
footage later revealed it was another fake encounter and he had been
targeted by police.
‘Encounter’ has become a euphemism for extrajudicial killings, where
the deaths of citizens during clashes with the police and other security

forces are viewed with suspicion. These were frequently reported across
the country throughout the year, and rarely investigated. The lack of
transparent and credible police reports has only fuelled the perception
that law enforcement agencies can act with impunity. Only occasionally
is there any evidence that they are held to account.
Police encounters were frequently reported across the country throughout the year
In May, 11 policemen were booked six years after ‘killing’ a man

in a staged encounter in the district of Kasur, and then only because
his mother determinedly pursued the case. In another incident, a
departmental inquiry conducted in Larkana found that the claim by the
Bakrani police of having killed a ‘notorious dacoit’ in an encounter on 21
May was false. The SHO concerned was booked, along with five others.
In 2017, Emaan Fatima was raped and killed in Kasur and the police
picked up a man and killed him the same day. When Imran Ali was
convicted in Zainab’s murder case in 2018, DNA evidence revealed that
he had also committed the 2017 attack. The media highlighted the fact
that the police had shot dead an innocent man months before. A JIT was
constituted and found the police guilty.
In October, a murder case was lodged against a police team that had
killed a young man in an alleged encounter in Karachi around three
months earlier.
The innocent are often caught up in the indiscriminate crossfire between
police and criminals. The tragic death of ten-year-old Amal, shot during
yet another police encounter in Karachi in August, shocked the country.
According to the CRSS statistics for fatalities from security operations,
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162 were attributed to encounters or suspected encounters with law
enforcement agencies. In the 2018 list of the Baloch Human Rights
Organisation (BHRO), of the 264 cases listed under extrajudicial killings,
23 were attributed to encounters, and 24 to custodial deaths. The BHRO
also recorded 832 missing in their list of enforced disappearances in the
province.
There were many reports of enforced disappearances at the hands of
security forces, with human rights defenders and activists bearing the
brunt – see Enforced Disappearances.
Police crime/dereliction of duty
Amidst growing concern around police accountability, the Sindh
government set up the Internal Police Accountability Branch (IAB) in
August, answerable to the Inspector General of Police and tasked with
‘conducting inquiries against policemen over allegations of corruption,
misuse of powers and other complaints in a transparent manner’.
Accountability measures taken by the Punjab police are under the
Punjab Police Efficiency and Discipline Rules 1975 and the Punjab Civil
Servants (E&D) Rules 1999, depending on the rank. The Punjab police
has not released figures for 2018. In 2017, however, 270 punishments
were awarded to ASP/DSPs, 64,458 were meted out to constables, 1,792
to inspectors, 10,077 to sub-inspectors, 12,151 to assistant sub-inspectors
and 3,773 to head constables. In total, 2,434 members of the police force
were dismissed in 2017—out of the dismissals, one was on grounds of
torture, two were due to illegal confinement, and 167 cases involved
corruption. Overall, 15 cases of torture resulted in punitive action.
Disciplinary action was more common at the level of lower ranks as
opposed to higher ranked officers.
In May, in response to a complaint filed by Justice Project Pakistan (JPP),
the National Commission on Human Rights initiated a formal inquiry
into nearly 1,500 cases of torture uncovered in Faisalabad alone. The JPP
had produced a report in collaboration with Yale Law School, Policing
as Torture: A Report on Systematic Brutality and Torture by the Police in
Faisalabad, which revealed conclusive signs of abuse in 1,424 cases for
the period 2006-2012.
According to the data, 58 of the victims were children and over 134
were women. The report stated that 143 victims were suspended, 464
were forced to witness others being tortured, 15 were subjected to
sleep deprivation, 11 were exposed to extreme heat or cold, and 114
were sexually abused. The report also found that 61 percent of women
were sexually abused, and 81 percent were subjected to culturally
inappropriate practices.
Thirteen policemen, including three SHOs, were subsequently

summoned by the NCHR in August for torturing citizens. Despite
this action, a fruit vendor in Faisalabad was picked up in September,
blindfolded, brutally tortured at an undisclosed location, and allegedly
forced to accept that he had committed a robbery, proving that the
practice of torture was still very much a part of police investigation.
In June, on the occasion of the International Day in Support of Victims
of Torture, the NCHR said they had received 100 complaints in the past
year, adding that the commission had also picked up 58 cases suo motu,
of which 34 were related to female victims. According to the commission,
Pakistan lacked data, adequate monitoring and redressal mechanisms,
as well as comprehensive national legislation against torture. It was
reported that human rights officers had been appointed to prohibit
and prevent torture in police stations, and that nearly 25 officers of the
Islamabad police had been dismissed for their involvement in inflicting
torture.
During the year, numerous reports emerged of police blackmail and
extortion, torture and harassment during raids, custodial deaths, refusal
to register FIRs, and corruption.
Several cases of police corruption emerged from Sindh in 2018, as the
Sindh government made inroads into exercising more power over the
policing branch. An accountability court in August sentenced a senior
superintendent of police to 10 years’ imprisonment in a reference
pertaining to embezzlement of Rs50 million. In September, the Sindh
government requested an inquiry against 18 top police officers over
allegations of corruption and illegal appointments.
The government proposed the Sindh Police Act 2018, which dilutes
the powers of the Inspector General and expands those of the Sindh
Government ‘to manage, direct, review, and oversee the administration
and financial affairs of the Sindh police.’ This Bill had not been passed
by the end of the year and both police authorities and civil society
expressed concerns about the implications for the independence of the
Sindh police.
At the expiration of the five-year term of the PTI government in
Khyber Pakhtunkhwa, it was found that they had failed to establish an
independent Public Safety Commission and the Regional Complaint
Authority in most districts of the province in order to ensure police
accountability. On the other hand, it was reported that, since the passage
of the KP Police Act 2017, in-house accountability had resulted in the
dismissal of almost 800 policemen and punishments for over 6,000
staffers.
The home department in the Punjab sent a summary to the Chief Minister
in September, seeking his permission to place before the cabinet a request
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to approve the constitution of the Commission for Police Reforms and
Implementation. In October, the police reforms chief, Nasir Durrani,
resigned which was considered a setback to the implementation of
police reforms in the province.
Crime
Reported crime in the Punjab during the period of January till December
2018 was slightly on the rise as compared to 2017, jumping from 405,895
to 409,030. Out of these, 50,483 were crimes against persons, while the
rest were classified as crimes against property (87,770), crimes against
local and special laws (136,884) and miscellaneous (133,893). According
to statistics provided by the Punjab Police, 25,511 out of the total number
of registered cases were rendered untraceable (6.2%), 39,993 were under
investigation (9.7%) and 317,292 cases were challaned (77.5%).
A large proportion of the crimes reported against persons in the Punjab
involved cases of physical harm, in the form of murder (4,146), attempted
murder (4,980) and hurt (15,191); a significant portion of these were rape
(3,300) and attempted rape (196).
The annual report submitted by the Sindh police listed 14,115 crimes
against property and 13,271 crimes against persons in 2018, while four
incidents of terrorism occurred as well as nine target killings, 1,298
murders, three bank robberies, and 38 kidnappings for ransom. Street
crime remained a challenge for the Sindh government in terms of law
and order; there was a rise in mobile phone snatchings, increasing from
14,321 in 2017 to 15,038 in 2018 (5% increase).
The official website of the government of Balochistan states that reported
crime in 2018 had dropped as compared to the previous year—8,763 in
2018 and 9,479 in 2017. Target killings, on the other hand, were reported
to be on the rise from 29 in 2017 to 34 in 2018.
Unlike their counterparts in Sindh and the Punjab, the Khyber
Pakhtunkhwa Police department website did not provide up-to-date
statistics on reported crime.
Islamabad Capital Territory saw an unprecedented and exponential
rise in crime—in many cases crimes had doubled in 2018. Despite the
implementation of the Safe Cities Project in the city, motorcycle theft
cases rose from 177 in 2017 to 426 in 2018. Furthermore, 2,207 cases
related to robbery and car lifting were reported—225 stolen cars were
reported in 2018 as opposed to 138 in 2017. Additionally, the number
of violent crimes also increased—there were 106 murders and 147
attempted murders, as compared to 85 murders and 142 attempted
murder cases in 2017.
HRCP maintains its own database, relying on media reports and

information from regional representatives and individuals. The statistics
consequently do not reflect the true scale of crime or human rights
violations—actual figures are likely to be much higher, particularly given
that many crimes go unreported and motives are often not completely
apparent.
January to December 2018

Total Punjab Sindh KP/Fata Balochistan
Category Cases Victims Victims Victims Victims Victims
Blasphemy 18 18 16 1 1 0
Police
124 183 79 79 18 7
encounters
Police Excesses 98 150 143 6 1 0
Death penalty
194 346 295 32 17 2
awarded
Death penalty
14 14 10 0 4 0
executed
Violence in
36 38 30 4 0 3
prison
Sectarianism 13 117 0 3 96 18
‘Honour’ 374 199 118 72 30 *
crimes (Men/ 316 F: 254 F: 153 F: 71 F: 43 F: 16
Women) M: 120 M: 46 M: 47 M: 29 M: 14
Sexual violence
845 856 820 18 17 1
against women
Acid attacks 67 67 58 4 2 3
Women
583 620 587 10 23 0
kidnappings
Domestic
violence 129 135 117 10 6 1
against women
Burning 77 77 66 8 3 0
1338 967 166 186 19

Suicide 1338 M: 786 M: 565 M: 103 M: 111 M: 11
F: 552 F: 402 F: 63 F: 75 F: 8
516 411 81 22
Suicide bids 516 M: 273 M: 216 M: 46 M: 12 2 (Males)
F: 243 F: 195 F: 35 F: 10
Corporal
punishment for 70 86 74 3 9 0
children
Data compiled by HRCP
(* Aurat Foundation quoted a figure of 50 victims for ‘honour’ crimes in Balochistan.)
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Violence against Women
There was no discernible improvement in the status of Pakistani
women in 2018. Pakistan continued to languish at the bottom of gender-
related indexes. According to the World Economic Forum (WEF) Global
Gender Gap Index 2018 report, Pakistan was the second worst ranked
country—148 out of 149. While the index measures women’s political,
social and economic participation, the question of violence is part of the
everyday experience of women’s lives. A report by the Thomson Reuters
Foundation (TRF) declared that Pakistan is the sixth most dangerous
country for women.
Access to criminal justice, cases of violence against women, and the
failure of the courts system to provide protection was highlighted in
the mainstream media in 2018. The case of Khadija Siddiqui, who was
stabbed 23 times by a class fellow, garnered significant coverage in the
media and the decision of the Lahore High Court (LHC) to exonerate her
attacker was widely criticised.
According to data collected from September 2017 to September 2018
in the Punjab by the Aurat Foundation, there were 151 gang rapes of
women in the province. The organisation estimated that more than
10,000 women are victims of violence every year and ‘over 1,000 commit
or attempt suicide due to the denial of their rights, extreme poverty,
physical and sexual violence in Punjab.’ While they did not provide
figures for ‘honour’ killings in the Punjab, HRCP’s own monitoring of
reports revealed at least 199 victims, 153 of which were female, by the
end of 2018.
The statistics from the Punjab Commission on the Status of Women
(PCSW) showed that 3,860 women sought assistance for domestic
violence in 2018, and there were 5,320 cases of sexual harassment from
the Punjab. According to the Commission’s Gender Parity Report 2018,
there was a 21.5 percent increase in violence against women in 2017—
8,882 cases were registered in the Punjab. The recently opened Violence
against Women Centre (VAWC) Multan recorded 1,545 cases of violence
against women during the period of March 2017 to April 2018—including
918 cases of domestic abuse, 165 family cases, 99 harassment cases, and
89 property disputes.
In Sindh, a report produced by the Sindh women development
department found that 1,643 cases of violence were filed by women,
including 13 cases of ‘honour’ killings, between July 2017 till April 2018.
In Khyber Pakhtunkhwa, 202 cases of gender-based violence were
reported during the period January to June 2018, according to a news
report on a workshop organised in Peshawar by Noor Education Trust.
Out of these, 97 were murders of women, 24 were ‘honour’ killings (see

HRCP figures), 72 reported rapes and 6 cases of domestic violence.
The provincial cabinet of Khyber Pakhtunkhwa approved the ‘Khyber
Pakhtunkhwa Domestic Violence Against Women (Prevention and
Protection) Bill 2018’. The proposed Bill, however, has come under
criticism for being limited in scope, providing protection to only women
as opposed to other vulnerable groups in domestic settings.
Participants of the Aurat March 2018 demand an end to violence against women
In their annual report released in November 2018, Aurat Foundation

stated around 50 people, including 30 women, were killed in the name
of honour in Balochistan from January 2018 till November 2018. These
statistics were based on reported crimes at police stations across the
province, with the most number of cases emerging from the Nasirabad
division. Other reported instances of violence included 17 women who
committed suicide over family disputes, and 21 women who were
subjected to torture. There were 14 reports of women kidnapped, four
cases of sexual harassment, and four reports of acid attacks.
Violence against Children
National attention was focused on the issue of child abuse and
victimisation of children with the case of Zainab in early January 2018.
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Six-year-old Zainab was found dead in Kasur after being sexually
abused. This turned out to be the tip of the iceberg as Zainab’s murder
was reportedly the twelfth such incident to occur within a 10-kilometre
radius in the city over a 12-month period.
According to a disturbing report, there has been a 75 percent rise in sexual violence against
children in the age group of 0-5 years.
The mid-year statistics on child sexual abuse, compiled and released by

the NGO Sahil, showed that child sexual abuse incidents increased by
32 percent in the first six months of 2018 compared to the same period
the previous year. In the first six months 2,322 cases were reported while
1,764 cases were recorded in the first half of 2017. The report also showed
that the number of cases involving boys had drastically increased by 47
percent since 2017. Another disturbing finding of the report was the 75
percent rise in sexual violence against children in the age group of 0-5
years. In this age group, 79 cases were recorded in the first six months of
2017 whereas in 2018 the figure had reached 321.
Quoting newspaper articles, the report stated that the major crime
categories of the reported cases from the first half of 2018 were abduction
(542), sodomy (381), rape (360), missing children (236), attempt of rape
(224), gang sodomy (167), attempt of sodomy (112), gang rape (92), and
53 cases of child marriages.
Provincial statistics showed that 65% cases were from the Punjab, 25%
cases from Sindh, 3% cases from Islamabad, 3% cases from KP, 2% cases
from Balochistan. Twenty-one cases were reported from AJK, and two
cases from G-B. Out of the total reported cases, 74% were from rural

areas and 26% cases reported from urban areas.
According to statistics reported by a TV channel (9 January 2019) and
collected from government departments, 1,214 children were raped in
the Punjab in 2018. The number of girl victims was 400 and the number of
boy victims was 789, almost double that of girls. In another news report
in November 2018, 1,109 cases of sexual abuse of children of less than ten
years of age were reported to the Punjab police up to September.
The rate of conviction remained very low in child abuse cases. The
Ministry of Interior informed the Senate in August 2018 that a total of
79 cases of child abuse had been registered in the federal capital from
January 2014 to June 2018 but only four perpetrators had been convicted
during that period. The Sahil report statistics also showed that 89%
of cases were registered with the police. In 32 cases the police refused
to register a case, 17 cases were unregistered with the police, and the
registration status of 196 cases were not mentioned in newspapers.
The National Assembly passed the ‘Islamabad Capital Territory Child
Protection Act’ to address issues of safety and abuse of children.
Furthermore, the Juvenile Justice System Act of 2018 was also passed,
amending the Juvenile Justice System Ordinance 2000, with the aim
of addressing the challenges that children face in the criminal justice
system.
Violence against Transgender Community
Despite several legislative advances and initiatives, there was continued
violence directed against the transgender community.
In January, an eighteen-year-old transgender person was kidnapped
and gang raped by nine people through the night only to be released
the next morning in Peshawar. When the survivor filed a complaint
with the police, they refused to register a First Information Report (FIR).
The survivor believed that she had been targeted due to a recent protest
she had attended against attacks on two other transgender persons. In
the same month, three members of the transgender community were
returning after attending an event in Swabi’s Yar Hussain tehsil when
assailants attempted to sexually abuse them. Upon resistance, the
assailants opened fire, critically injuring two of the three survivors.
In March, a transgender person and her friend were gunned down
in Peshawar by two assailants on a motorcycle. In April, another
transgender individual’s residence was raided by armed men in the
Kalu Khan area of Swabi. The men beat her before fatally shooting her.
In May, another member of the transgender community was murdered
over a money dispute in the Kotkay area of Mansehra. News reports
indicated that the individual was shot after refusing to provide change
Law and Order 75

for Rs1,000.
In June, news reports surfaced of two transgender persons being beaten
in Karachi after which the police registered a case against around
half a dozen people. One of the individuals reportedly went to a local
restaurant around midnight for a meal where she was harassed by a
group of people.
In July, a young transgender individual was shot and sexually assaulted
when she resisted a kidnapping attempt after two men forcibly entered
her residence in Haripur.
In August, two men were arrested in Peshawar after being caught by
the police carrying a bag full of human body parts of a transgender
victim. In another incident in Mansehra, a transgender was attacked and
tortured when a man accompanied by relatives entered her residence.
In September, a transgender victim was burnt alive by unidentified
people at a cab stand in Sahiwal.
In October, the transgender community in Peshawar protested against
the Charsadda police for manhandling and committing violence against
members of the transgender community. They said the police had raided
a music event and illegally detained them for no reason in the police
station where they were subjected to physical violence.
In November, a man was taken into custody for attempted killing after a
complaint was filed by a transgender that he fired gunshots at an event
to stop her from dancing.
Transgenders in Pakistan continue to suffer despite many legislative advances

Cybercrime
Since the passage of the Prevention of Electronic Crimes Act 2016
(PECA), online spaces are increasingly shrinking and freedoms are
rapidly being reduced. Internet shutdowns and blocking of websites
continued unabated in the year 2018, while at the same time cybercrime
and gender-based violence in online spaces was also on the rise.
The Federal Investigation Agency (FIA) and non-profit organisations
working on these issues said there had been an exponential rise in cases
of cybercrime and online harassment across Pakistan. According to
the FIA, 2,295 inquiries were conducted, 255 cases registered, and 209
arrests were made in 2018 (from January till October). This number had
almost doubled from 2017, when the number of inquiries were 1,290.
The Digital Rights Foundation received 1,193 reports in 2018 on its cyber
harassment helpline, 1,225 of which involved female victims. Access
to digital communications is still dangerous for women in Pakistan,
highlighted by the case of a women being shot dead by her husband over
sending text messages on different mobile phone numbers in Taxila.
Digital technologies were also used to broadcast violence against
women and transgender persons, exemplified in the case of a gang rape
of a transgender woman that was recorded and distributed over mobile
phones in Peshawar.
In early 2018, an online blasphemy case emerged that resulted in the
torture and harassment of the accused at the hands of law enforcement
agencies. The case highlighted the potential for abuse on the part of law
enforcement agencies.
In 2018 Pakistan’s first conviction under the crime of online child
pornography was handed down in Punjab. The accused was sentenced
to seven years under section 22 of PECA. Another suspect was arrested
from Jhang, Punjab for possessing and dealing in child pornography
videos.
Several cases of online harassment emerged from across Pakistan. In
January the FIA in Peshawar arrested an individual over charges of
issuing death threats through social media to human rights activist,
Gulalai Ismail, who was demanding justice for slain Mashal Khan.
In February, a man was arrested in Faisalabad for blackmailing and
harassing a woman over the internet.
In March, a magistrate in Lahore sentenced a man to six years and
imposed a fine of Rs0.7 million for harassing and blackmailing a woman
online. In April the FIA apprehended a man posing as a pir in Haripur,
on charges of sexually abusing and blackmailing women. In June, a
medical student was arrested after being accused of harassing women
online and extorting money through Facebook.
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Attacks on Institutions
Seven people were killed in an attempted attack on the Chinese consulate
in November 2018 in Karachi. The attackers were unable to gain access to
the embassy. However, the attempt raised concerns around the security
of foreign missions in Pakistan and development projects involving
regional cooperation.
Mob Attacks
There were a number of mob attacks in which the police intervention
was restrained. In May, a mob of around 600-700 men joined a team
of the Tehsil Municipal Committee when they arrived to demolish an
Ahmadi historic building in Sialkot, ostensibly over illegal construction.
In what appeared to be a premeditated attack, the place of worship
and an adjoining building were demolished and ransacked. There
was disturbing evidence to suggest that the administration was either
powerless to act against the attackers or complicit in their activities.
In early November, following the Supreme Court acquittal of Aasia Bibi
in a blasphemy case, there was widespread violence and destruction of
property after members of the Tehreek-e-Labbaik Ya Rasool Allah staged
protests across the country, bringing major cities to a standstill. Main
roads were blocked, cars and buses were set alight, toll booths ransacked,
police officers attacked, and property damaged. The government struck
a deal with the protestors to end their action.
Women in the Police Force
While the number of women in the police remains low, this year
some women’s contribution garnered mainstream attention. After the
operation against the militants at the Chinese consulate, SSP Suhai Aziz
Talpur was lauded for having led the operation.
Figures were not available for 2018, but in a report compiled by the
National Police Bureau (NPB) in 2017, women made up less than 2
percent of the total Pakistani police force despite the 10 percent quota.
Out of the 391,364 police personnel across the country, only 5,731 were
women. Gilgit Baltistan had the highest female participation in the force
with 3.4 percent, and Balochistan had the lowest participation rate of
0.48 percent.
According to the annual performance report of Lahore police’s
investigation wing, Model Town SP (Investigation) Dr Anoosh Masood
Chaudhry was declared the best crime fighter for the year 2018. She was
rewarded for successfully submitting challans of 74 percent of crime
cases in local courts.
In the Punjab, three Women’s police stations have been established in
Lahore, Rawalpindi and Faisalabad. These stations are staffed with

SSP Suhai Aziz Talpur led the operation against the militants at the Chinese Consulate
women police officers with the aim of catering to female victims of crime
and domestic violence.
Safety of women in the police workforce is also cause for concern. In
September 2018 a case emerged where a female constable was allegedly
sexually assaulted by an unidentified individual on her way home from
work.
Recommendations
• Create effective, independent checks and balances for law
enforcement agencies and guard against human rights violations,
extrajudicial killings, and abuse of power.
• Embed greater transparency in the police force relating to
disciplinary and accountability mechanisms, particularly in cases of
police brutality and torture.
• Introduce more stringent procedures for the recruitment and training
of police officers to ensure integrity, honesty, and professional
conduct in a police force that earns the trust and respect of citizens.
• Take affirmative action to recruit and induct women in the
police force to ensure gender sensitisation and equitable gender
participation.
• Expand Violence Against Women Centres (VAWC) across Pakistan
Law and Order 79

to provide effective redress for gender-based violence.
• Allocate greater resource allocation for investigation and prosecution
for crimes against women, children, and transgenders.
• Develop effective awareness and educational campaigns through
the media and public school curriculums to combat violence against
women, children, and transgenders.

Enforcement of Law
Jails and Prisoners
No person who is arrested shall be detained in custody without being informed,

as soon as may be, of the grounds for such arrest, nor shall be denied the right to
consult and be defended by a legal practitioner of his choice. Every person who is
arrested and detained in custody shall be produced before a magistrate within a
period of twenty-four hours of such arrest.
Constitution of Pakistan Article 10(1) and (2)
The dignity of man and, subject to law, the privacy of home, shall be inviolable. No
person shall be subjected to torture for the purpose of extracting evidence.
No one shall be subjected to torture or to cruel, inhuman or degrading treatment
or punishment.
Universal Declaration of Human Rights Article 5
No one shall be subjected to arbitrary arrest, detention or exile.

Article 8
Each State Party shall take effective legislative, administrative, judicial or other
measures to prevent acts of torture in any territory under its jurisdiction.
UN Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment
Article 2
Each State Party shall ensure that all acts of torture are offences under its criminal
law. The same shall apply to an attempt to commit torture and to an act by any
person which constitutes complicity or participation in torture. 2. Each State
Party shall make these offences punishable by appropriate penalties which take into
account their grave nature.
UN Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment
Article 4
Jails in Pakistan are severely overcrowded and the implementation

of recommendations and directives extremely slow. With a reported
two-thirds of the total prison population still awaiting or undergoing
trial, and jails holding up to 57 percent more inmates than their
capacity, overcrowding is a major challenge that needs to be overcome
if the deplorable living conditions of inmates and prison staff are to be
alleviated. Hygiene and health facilities have been compromised and
Jails and Prisoners 81

infectious and contagious diseases spread rapidly in such conditions, a
situation exacerbated by the lack of appropriate medical care.
Jails
In a suo moto case before the Supreme Court of Pakistan in July 2018
on the conditions of inmates in prisons, counsel for Wafaqi Mohtasib
(Federal Ombudsman) informed the court that there were 78,160 inmates
in a total in 98 jails against a sanctioned capacity of 63,532 prisoners.
Of this, 25,195 were convicted, 48,780 were under-trial, and 4,688 were
condemned prisoners.
According to statistics provided by the International Committee of the
Red Cross and published in the World Prison Brief, the total prison
population of Pakistan in 2018, including pre-trial detainees and
remand prisoners, was 83,718, slightly higher than stated by the Wafaqi
Mohtasib. World Prison Brief data also differed in other respects: it gave
the number of establishments/institutions for prisoners in Pakistan as
106, and the official capacity of the prison system as 53,231—based on
this capacity, the occupancy level in 2018 was calculated to be 157.3
percent. Although the prison population fluctuates, the discrepancy in
the number of jails and the stated capacity is more difficult to reconcile.
The Supreme Court directed all the provinces to submit their replies and
objections, if any, on the report of the Federal Ombudsman to examine
the systematic failure in the administration of prisons.
In March 2018, a news item revealed that the National Commission
for Human Rights (NCHR) had produced a report titled Balochistan
Prisons: An Exposé which said that ‘Pakistan’s prison system has failed
to keep pace with the needs of [the] time in the wake of rising crime
and other serious security challenges, particularly the spread of violent
extremism across the country.’ The report was compiled after NCHR
officials visited the Quetta District Jail, the Mach Central Jail, and the
Sibbi District Jail in pursuance of Article 9(c) of the NCHR Act, 2012. It
particularly mentioned that the need to adopt a human rights approach
in the administration of prisons was of utmost importance.
According to the report, there were close to 2,300 inmates in the jails of
Balochistan at the time, of which 942 were convicted and 1,166 under trial.
It further said that the pathetic conditions of jails in Balochistan could
worsen the country’s major internal security challenges and hamper
efforts to counter the spread of violent extremism across Pakistan. In
particular, the report emphasised that human rights violations within
the prisons had been exacerbated by the severe lack of well-trained,
well-paid, and disciplined staff.
The NCHR also visited central prisons in Peshawar, Haripur, Bannu,
Mardan, and District Prison Kohat during the year and observed that

conditions for mentally ill inmates were particularly poor. According
to their report, 251 mentally ill prisoners were found in five jails. Their
accommodation lacked proper lighting, exhaust systems, ventilators,
beds and toilet facilities. The food and clothing were inadequate, and
appropriate medical attention unavailable. The report further said that
‘communication is the main problem. There is no social, moral, behaviour
change and environmental condition in which mental prisoners could
live’.
Overcrowding
The report of the Wafaqi Mohtasib before the Supreme Court had stated
that in the Punjab, 48,760 prisoners were detained in 41 jails having a
capacity to accommodate 33,235. In Sindh, 18,420 prisoners were detained
in 25 jails with a total capacity of 12,413. In Khyber-Pakhtunkhwa (KP),
10,358 prisoners were detained in six central and 15 district jails as
against a sanctioned strength of 8,395. Surprisingly, given the NCHR’s
reported condemnation of the dire state of prisons in Balochistan, it
was noted that jails were not overcrowded in that province. As many
as 2,158 prisoners were detained in 11 jails in Balochistan which have a
total capacity of 2,585.
The Mohtasib recommended that the provinces should form committees
to work on the improvement of the lives of inmates in jails, especially
children, women and the destitute, as well as district oversight committees
to monitor the implementation of court orders in their respective districts.
Overcrowded prisons are difficult to manage and are often plagued by an increase in conflict
and violence amongst prisoners.

The composition of the committees was recommended to be members
from civil society, bar associations, and educational and health sectors
with a proven track record of significant contributions in this field. The
report suggested that the Ministry of Interior and Prison Departments
should be directed to appoint senior officers to act as focal persons for
surprise visits of the said committees.
Similarly, it was proposed that the Law & Justice Commission, together
with advocates general and provincial ombudsmen, should review and
submit proposals for significant expansion of probation and parole
facilities to reduce pressure on accommodation facilities in jails.
Overcrowding becomes particularly challenging when prisoners have
to go to court and security measures are needed. Delays in courts, the
absence of a parole system, and rigid bail laws are some of the main
causes of overcrowding in the prisons.
In October 2018, it was reported that the Lahore High Court expressed
dismay over the Punjab government’s failure to present a progress
report about construction of new jails in the province and constituted
a commission to review the projects of new jails. At a previous hearing
held in 2016, a committee had been constituted to ensure that the
development work being conducted for the jails in Hafizabad, Narowal,
Shujabad, Rajanpur and Khanewal was completed within two months.
The Advocate General of Punjab headed the committee with the
Deputy Inspector General (Prisons), and additional secretaries of home,
communication and works, planning and development and finance
departments as its members.
However, the judge learned that no progress had been made in the
under-construction projects of jails. He noted that the committee had not
held its meeting for the previous six months to oversee the projects, and
observed that the prisons’ population continued to rise but not a single
jail project had been completed during the last 10 years.
At the end of the year, it was reported that provincial departments had
stated that the establishment of new jails had started and funds had been
sought from respective governments. In Sindh, new jails were under
construction at Districts Malir, Mirpurkhas and Nawabshah, although
various districts including Mithi, Qambar Ali Shah, Tando Allah Yar,
Jamshoro, Kashmore, Kandhkot had no jails.
Conditions in jails
The management and minimum standard of jails, including programmes
for the betterment and welfare of the prisoners, are severely affected by
overcrowding. As the need for living space increases, the space available
for sports, educational, cultural, and religious activities is frequently
reduced. Overcrowded prisons are difficult to manage and are often

plagued by an increase in conflict and violence amongst prisoners. This
is because movement is limited, adding to the stress and hostility felt by
inmates. Keeping prisoners in a limited space causes difficulty for the
staff in maintaining discipline and implementing safety measures.
A research study titled ‘Addressing Overcrowding in Prisons by Reducing
Pre-Conviction Detention in Pakistan’, developed by the National Counter
Terrorism Authority (NACTA) in collaboration with Cursor for
Development and Education Pakistan (CODE) and the International
Committee of the Red Cross (ICRC), found that Pakistan’s prisons
were holding up to 57% more prisoners than their authorised capacity,
leading to overcrowding that has had an adverse effect on the living
conditions of both detainees and staff. In December 2018 it was reported
that eleven jails in Balochistan were facing severe difficulties due to an
ongoing water shortage.
It has been acknowledged by the Wafaqi Mohtasib that, although some
philanthropic assistance was currently being provided to the prisoners in
coordination with local communities and NGOs, effective mechanisms
were still needed to provide basic facilities such as mattresses, medicines,
exhaust fans, electric water coolers, and blankets. Prisons are increasingly
unable to play a corrective and reformative role.
The Mohtasib’s report made a number of recommendations, including
housing prisoners with drug addictions and mental disabilities
in drug clinics and asylums, where they could be provided with
medical treatment. It also suggested that family members of prisoners,
particularly of women and children in jails, should have the right to visit
them once a week on pre-notified days, and proper facilities should be
provided. It also mentioned that transportation and escorting facilities
for prisoners to the premises of courts should be revised and updated.
Female prisoners and juveniles
According to the World Prison Brief data, the percentage of female
prisoners in Pakistani jails in 2018 was 1.8 percent.
In the same suo moto case before the Supreme Court of Pakistan on the
conditions of inmates in prisons mentioned earlier, the court had been
informed that 1,955 women and 1,225 juveniles were imprisoned in
different jails of the country. In the Punjab, it was reported that there
were 359 female convicts and 629 juveniles. [As per the statistics of the
Punjab Prisons Department, by end December 2018 the total number
of females was 893 and the total number of juvenile prisoners was 671.]
In Sindh, there were 192 female prisoners. In Khyber-Pakhtunkhwa
(KP), 382 juvenile prisoners were reported. In Balochistan, it was
reported that only 20 women and 50 juveniles were among those
detained. The report also pointed out that there were no separate

barracks for hardened criminals, first offenders, juveniles, and women.
The Federal Ombudsman also proposed that provincial governments
should build jails in every district headquarter, and the federal
government in Islamabad. Every jail should have a separate and
independent portion for women and juvenile prisoners, with sleeping
space for every prisoner and adequate toilet and hygiene facilities.
In October 2018, the Lahore High Court directed the government to
appoint female doctors in jails for women and children prisoners. The
government was also ordered to ensure that the barracks of women
and men in jails were segregated.
1,955 women and 1,225 juveniles are imprisoned in different jails of the country.
In September 2018 the Supreme Court ordered the release of a 21-year-

old man after eleven years in jail. Muhammad Adnan was a child of
ten years when he was convicted of trafficking drugs, and sentenced
to life imprisonment by the Juvenile Court, Sheikhupura, a decision
upheld by the Lahore High Court. The co-accused, one of whom was a
police constable, absconded and were not proceeded against. Adnan is
suffering from TB, requiring treatment in a hospital every week.
In recent times, there have been reports of sexual abuse and exploitation
of juvenile prisoners. The Juvenile Justice System Act 2018 states that
convicted juveniles shall be confined in Juvenile Rehabilitation Centres

until the completion of the period of imprisonment or until they turn
18 years of age. Juvenile convicts can receive an education as well as
vocational or technical training at these centres. A female juvenile shall
only be kept in a Juvenile Rehabilitation Centre established or certified
exclusively for female inmates. There are reported to be a total of seven
juvenile detention facilities in Pakistan—two in the Punjab, four in
Sindh, and one in Khyber Pakhtunkhwa which is not functional. There
is apparently no such facility in Balochistan.
There could also be as many as 500 children living with their mothers
in jails but, without official statistics, it is impossible to verify that
number.
Pakistani Prisoners in Foreign Jails
In September 2018, there was a crucial development in the longstanding
case filed by Ms Rida Qazi, a civil society member. Years earlier she had
filled a petition for jail reforms in Pakistan. She urged the court to ensure
the proper application of the Pakistan Prisoners Code (Jail Manual),
insisted upon the need for government assistance to bring home the
Pakistani citizens in foreign jails, and emphasised the urgent need for
the construction of new jails.
In response to the Court direction, the Interior Ministry submitted a report
to the Lahore High Court in September. The report revealed the latest
official statistics of Pakistanis jailed in foreign prisons, and the official
number goes as high as 11,803. The report also provided some country-
wise statistics highlighting the exact number of Pakistani prisoners in
Saudi Arabia, Greece, India, Afghanistan, China, Iran and Malaysia. The
number of Pakistani prisoners per country were as follows:
Country No. of Pakistani Prisoners

Saudi Arabia 2,937
Greece 1,842
India 582
Afghanistan 177
China 242
Iran 188
Malaysia 226
The case further revealed that the Ministry also moved a summary to
the Finance Division for a supplementary grant of US$35,000. This grant
would be used to make the relevant arrangements for the repatriation

of Pakistani citizens imprisoned in foreign jails. The need for sufficient
time to produce successful outcomes and to demonstrate good use of the
grant money was emphasised.
In addition to this, it was highlighted that the procedure of the ‘Transfer
of Offenders’ agreement has been set in motion with 20 countries in
accordance to the Supreme Court’s direction. These countries include
Saudi Arabia, Iran, Turkey, China, Russia, Qatar, Bahrain, Malaysia,
Ireland, Yemen, Afghanistan, Maldives, Korea, Jordan, Azerbaijan,
Uzbekistan, Cyprus, Seychelles, Kirghizstan and Nigeria.
On 27 December 2018, Pakistan and the United Kingdom (UK) signed
a ‘Prisoner Transfer Agreement’ at the British High Commission in
Islamabad allowing foreign inmates in both the countries to serve their
sentences closer to home. According to the British High Commission,
the agreement was approved in principle during the British Home
Secretary’s visit to Pakistan in September to restore and update a
previous treaty between the UK and Pakistan, and includes strengthened
assurances that all the transferred prisoners will serve their appropriate
sentences before being released. It also allows the inmates to prepare
for reintegration into their home communities when they are eventually
released from prison.
Torture in Prisons
On 26 June 2018—the ‘International Day in Support of Victims of
Torture’—a member of the National Commission for Human Rights
(NCHR) highlighted the fact that Pakistan was a state party to the
Convention against Torture and needed to properly define and
criminalise torture.
The Deputy Inspector General of Police (Prisons) Rawalpindi stated that
psychologists had been appointed by the department for the victims of
torture in prisons. He further added that to eliminate torture in prisons
it was vital to counter overcrowding by at least increasing the capacity
of the lower staff of the prison department. With regard to the staff
involved in inflicting torture, the DIG claimed that strict disciplinary
actions had been taken.
The Law & Justice Commission Secretary recommended engaging
Provincial Justice Coordination Committees, which the commission
oversees, as a forum to monitor torture.
On the same day, the Human Rights Commission of Pakistan (HRCP)
issued a statement which strongly urged the state to revisit the Torture,
Custodial Death and Custodial Rape (Prevention and Punishment) Bill
passed by the Senate in 2015 and which had been allowed to lapse.
HRCP said the right to protection against cruel, inhuman or degrading
treatment or punishment applied in all circumstances, with no exceptions

whatsoever. This was fundamental to what it meant to be a civilised
state.
HRCP also called on the state to take measures to implement the United
Nations Convention against Torture, to which Pakistan is a signatory, and
to ratify the Optional Protocol to UNCAT and establish a corresponding
national preventative mechanism. The statement emphasised that law
enforcement agencies also needed greater support in terms of training,
resources, and access to modern, scientific methods of investigation to
replace the prevailing culture in which the means are seen to justify
the end. The need for a system of democratic accountability for state
personnel involved in torture was stressed.
Internment Centres
On 2 May 2018 the Additional Attorney General (AAG) told a three-
judge bench of the Supreme Court that 1,330 people had been sent to
different internment centres in the country and 253 other persons had
been released. The bench asserted that authorities cannot be allowed to
detain citizens for as long as they wish and asked for details of offences
under which these people had been detained as this was their basic
fundamental right.
Technology in prisons
After a successful pilot project of the Prison Management Information
System (PMIS) at District Jail, Lahore, the Punjab Information
Technology Board (PITB) announced in December that it had decided to
start the application at six different jails of Punjab in the first phase. The
computerisation of jail records was one of the recommendations of the
Federal Ombudsman.
PMIS includes a comprehensive online database of inmates using
an automated fingerprint identification system (AFIS), planning and
execution of reformatory measures, regulation and management of day-
to-day affairs related to courts, facilitation of the public through fast-
track registration of interviews, instant redressal of public grievances, as
well as maintenance of a comprehensive database of prison staff.
According to the PITB, the system was integrated with the MIS of
the Home Department, Punjab Police, Lahore High Court, and Anti-
Corruption, and had ensured efficient control and management of
jail affairs. It required less manpower and time and had significantly
facilitated visitors. Through the PIMS, the information of 51,747
prisoners, 14,895 visitors and 136 patients hospitalised in the jail had
been compiled in the pilot project.
In the same month, the secretariat’s report said that in the Punjab the
inspector general of prisons, prosecution department, and courts had

developed independent IT modules and packages for automating their
activities. However, there was no interface or link between them with
the result that the prisoners’ attendance in courts was not being reflected
through the system. The problem was said to have arisen because each
department had worked in isolation rather than in an integrated system.
The need to integrate the criminal justice system under the umbrella of
NADRA was emphasised. The report said that the Punjab government
Home Department would lead in coordinating with the police, jails and
prosecution departments to develop a feasibility report and plan with
timelines for the execution of a project of biometric verification from jails
to courts.
The secretariat report said that a memorandum of understanding (MoU)
had been signed in Sindh between the Prison Department and UNODC
on April 20 for developing and installing the Prison Management
Information System (PMIS). NADRA had again been asked to give jail
authorities access to the NADRA database for proper verification of
identity of the prisoners as well as visitors.
Positive measures
In September 2018, the Federal Ombudsman submitted a report to the
Supreme Court on the status of implementation of its recommendations
to improve the prisons and said that the home departments had reported
that considerable work had already been done.
Home departments had been asked to make recommendations for
significant expansion of probation/parole facilities to deal with
overcrowding and reformation of convicts, juveniles and first-time
offenders.
Provincial prison departments had started computerisation of prisoners’
records and had been told to expedite implementation in all the jails in
their jurisdiction, as well as develop interface between police, prisons,
courts and the National Database Registration Authority (NADRA) to
monitor and verify prisoners’ records and court proceedings. They were
required to submit a compliance report.
The Federal Ombudsman, the Provincial Ombudsmen, and the District
Oversight Committees would monitor status of implementation on their
recommendations such as provision of missing facilities, segregation
of prisoners of different categories, free legal education, upgrading
of probation and parole, philanthropy assistance, computerisation of
prisoners’ records, formal and technical skills programmes.
In December 2018, the Wafaqi Mohtasib secretariat submitted a report to
the Supreme Court that said that all the provincial prison departments
had now initiated mechanisms for development of interface among jails,
courts, and NADRA for the monitoring and verification of prisoners’

records. It also stated that the secretariat had started work on improving
the welfare of prisoners including payment of fines for those who had
completed their sentences. In addition, psychological counselling,
education and vocational training would be provided to facilitate their
integration into society after their release.
PMIS includes a comprehensive online database of inmates using an automated fingerprint

identification system (AFIS)
A work plan was reported to have been prepared, in collaboration

with international organisations, to address the issues of women,
juvenile and under-trial prisoners at Central Jail Haripur, Central Jail
Quetta and Mach, Central Jail Lahore, Borstal Institute and Juvenile Jail
Faisalabad, and Central Jail Karachi. The objective was to provide legal
assistance, availability of correctional psychiatric facilities and medical
examinations, as well as improving the infrastructure, furniture and
other utilities, and training for prison staff.
The Higher Education Commission of Pakistan (HEC) had been asked to
submit a comprehensive programme of education and skill training for
prisoners in coordination with universities who would be approached
by the provincial governments to involve them in professional and
vocational training in jails.
It was reported that 400 prisoners in various jails of the Punjab had
passed the Bachelor of Arts (BA) examination during the year.
Recommendations
• Revisit the Torture, Custodial Death and Custodial Rape (Prevention
and Punishment) Bill passed by the Senate in 2015 and which had

been allowed to lapse.
• Implement the United Nations Convention against Torture, to which
Pakistan is a signatory, ratify the Optional Protocol to UNCAT,
and establish a corresponding national preventative mechanism to
specifically criminalise torture.
• Provide greater support to law enforcement agencies in terms of
training, resources, and access to modern and scientific methods of
investigation.
• Repeal Actions (in Aid of Civil Power) Regulation 2011 and other
domestic laws related to prolonged and preventive detentions.
• Implement the recommendations relating to the elimination of
torture made in the 2017 Universal Periodic Review.

Enforcement of Law
Enforced Disappearances
No person who is arrested shall be detained in custody without being informed,
as soon as may be, of the grounds for such arrest, nor shall be denied the right to
consult and be defended by a legal practitioner of his choice. Every person who is
arrested and detained in custody shall be produced before a magistrate within a
period of twenty-four hours of such arrest.
Constitution of Pakistan Article 10(1) and (2)
No one shall be subjected to arbitrary arrest, detention or exile.
Article 8
Enforced disappearance» is considered to be the arrest, detention, abduction or any
other form of deprivation of liberty by agents of the State or by persons or groups
of persons acting with the authorisation, support or acquiescence of the State,
followed by a refusal to acknowledge the deprivation of liberty or by concealment
of the fate or whereabouts of the disappeared person, which place such a person
outside the protection of the law (Art.2)
International Convention for the Protection
of All Persons from Enforced Disappearances
Article 2
The scourge of enforced disappearances continued unchecked across

the country in 2018. Political activists, students, human rights defenders,
lawyers, journalists, members of religious groups, and various ethnic
minorities have all fallen victim in recent years. No one has ever been held
accountable. Whether through lack of training or lack of independence,
police are powerless to investigate the cases of missing persons where
either military or intelligence agencies are implicated.
When victims of enforced disappearance reappear, their statements are
not recorded. When missing persons are tracked down to prisons or
internment centres, no efforts are made to investigate the circumstances
of their incarceration. Yet the Supreme Court has on several occasions
directed that this be done. In July 2018, when social activist Raza
Mahmood Khan, who had been missing for seven months, was reported
to have returned home, he was said to be refraining from making a
statement due to ‘security concerns’. The Commission of Inquiry on
Enforced Disappearances (CoIoED) says that many of the persons that
have been traced declined to say anything about their ordeal ‘due to
Enforced Disappearances 93
obvious reasons.’
The families of the victims have little recourse to fall back on other
than their protest camps, and their pleadings to be heard. Too often,
these peaceful gatherings are disrupted and dispersed with force. The
families’ anguish is exacerbated by the financial difficulties they have to
endure without the breadwinner of the family.
Judicial interventions
After hearing a petition for the recovery of an IT expert abducted from
his Islamabad home in March, the Islamabad High Court (IHC) imposed
fines on several high officials and ordered that Rs117,000 per month be
paid to the family. The ruling introduced strict penal consequences for
officials involved in enforced disappearances.
In November, the IHC imposed a fine of Rs2 million and froze half the
salaries of the defence and interior secretaries, and the inspector general
of Islamabad police, as well as censuring members of a joint investigation
team (JIT) for their failure to trace a missing person, Abdullah Omar. The
court set a six-month deadline for the recovery of Omar and indicated
that members of the JIT might be dismissed from service if they failed to
recover him. The petition claimed that Omar was injured during a firing
incident in Rawalpindi in May 2013 when he lost the use of his legs. He
was admitted to hospital and taken into custody in June 2013 until 2015
when he was released on bail by the anti-terrorism court of Islamabad.
He was then allegedly abducted by agency officials in June 2015.
Both these court decisions were challenged on appeal but they served to
demonstrate the courts’ frustration at the way their efforts to do justice
to the victims of enforced disappearances have been thwarted by the
executive authorities.
Commission of Inquiry on Enforced Disappearances
The Commission, set up through an interior ministry notification, has not
been given the necessary authority to effectively fulfil its responsibilities,
nor does it have adequate financial and human resources. As a
consequence, their efforts to trace missing persons does not have the
cooperation of military and intelligence agencies.
The chairman of the Commission of Inquiry on Enforced Disappearances
(CoIoED) said in August 2018 that the issue of missing persons “has
always been politicised” and that the situation is “not as bad as it is
made to sound”. He added, “In Balochistan, there are merely 131 cases
regarding missing persons being heard,” and that, in a number of
instances, the Commission had found that people were picked up by
rival tribes due to personal enmity.
According to the Commission, it received 5,706 complaints related to

As many as 5,000 people are still reportedly missing from Balochistan.
enforced disappearances since its establishment in 2011 and disposed

of 3,600 cases. The backlog of cases remains disturbingly consistent. In
August it was around 1,822. At the end of November, the balance of
cases was reported to be 2,116. At the end of December, the backlog still
exceeded 2,000.
Between January and July 2018, the Commission received a total of
682 complaints. In August, 59 cases were received, followed by 74 in
September, 84 in October, and 101 in November—a steady stream of
reported disappearances that the Commission has been unable to keep
pace with.
Official handouts proclaim the achievements of the Commission and
the remarkable efforts acknowledged by relatives of missing persons.
HRCP has consistently expressed dissatisfaction with the working of
this commission and endorsed the call of the UN Working Group on
Enforced Disappearances (WGED) for strengthening the commission in
terms of both human and material resources. Nor is the commission’s
sentiment echoed by the chairperson of the Defence of Human Rights
(DHR) who expressed dissatisfaction over their performance. According
to her, the Commission held inquiries and disposed of cases when
informed by intelligence agencies’ officials that the person in question
was in their custody. She claimed that the cases disposed of were of
those actually dead or interned, with very few releases.
In September, the Chief Justice formed a two-member special bench
to study a report on missing persons’ cases submitted in court by
CoIoED, to supervise long-running ‘missing’ persons cases, monitor the
Commission’s proceedings, and ensure implementation of production
orders issued by the Commission. The CoIoED report claimed that 3,519
cases out of the 5,349 it had received in the year had been resolved, and
the Commission was working on the remaining 1,830 cases.
On 16 October 2018, the Commission submitted a monthly progress
report to the special bench which said that 36 ‘missing’ persons had
been traced in Sept 2018. Fourteen of those were found to be detained at
various internment centres for militants.
Of the 84 cases received in November, the Commission claimed to have
disposed of 78:
Traced Persons 70
Returned to Home 22
Confined in Internment Centres/Jails 46
Dead Body 02
Deleted not being cases of enforced disappearance
/incomplete address 08
Counting the cost
Enforced disappearances continued to be reported in significant
numbers and many more are not reported either in the absence of redress
mechanisms or fear that protests or agitation may endanger missing
persons. The HRCP in a statement said, ‘the lack of reliable estimates
of the number of disappeared people, given the enormous discrepancy
between official estimates and reports on the ground, was a chilling
reminder of why the state cannot afford to stall this issue’.
In November, Sardar Akhtar Mengal of the BNP-M expressed doubts
about whether the situation would be any different in Naya Pakistan as
235 people, including nine women, had gone missing from Balochistan.
Families had received 45 dead bodies during the period from 25 July to
30 October 2018 and as many as 5,000 people are still reportedly missing
from Balochistan. According to him, people were afraid to register FIRs
if any of their family went missing because, if they did, they received
threats from law enforcement agencies. Sardar Akhtar claimed that
human rights activists, nationalists, and anyone who raised the issue
of enforced disappearances on social media were also picked up by
intelligence agencies.
In their Bi-annual Report 2018 The State of Balochistan’s Human Rights,
the Baloch Human Rights Organisation and Human Rights Council
of Balochistan said they had received ‘partial reports’ of 541 cases of
enforced disappearances in the first half of the year. In the majority of

cases ‘the persons were picked up by security forces from their homes,
in front of the entire families and villagers’.
According to Amnesty International in March, the UN Working Group
on Enforced or Involuntary Disappearances had more than 700 pending
cases from Pakistan.
Protest and persecution
A protest camp was organised on 31 March outside the Lahore Press Club
demanding the release of the report of the 2010 Judicial Commission and
calling for the criminalisation of enforced disappearances.
Addressing a press conference at the Quetta Press Club in April, Hamida
Baloch, sister of missing Saghir Baloch, appealed to the government
of Pakistan, the Supreme Court, the Human Rights Commission of
Pakistan, and civil society to raise their voice for the safe recovery of
her brother. Saghir, a student of BS Political Science at the University of
Karachi, went missing on 20 November 2017.
The families of missing Sindhi political activists led a 72-hour hunger
strike from 20-22 May in Karachi demanding the release of their
abducted relatives. They set up a protest camp outside the Karachi Press
Club. They were joined by members of several political parties and
human rights organisations. The police and Rangers surrounded the
camp and baton-charged the protestors. Local police were seen beating
up protestors and behaving roughly towards women.
In May, activists of human rights organisations, members of civil society,
and nationalist parties took out rallies and observed a 72-hour hunger
strike outside the Hyderabad Press Club to protest against 146 enforced
disappearances in Sindh. They called for the arrest and exemplary
punishment of all the personnel of the law enforcement agencies
involved in attacking peaceful protesters and the families of missing
persons outside the Karachi Press Club. They also demanded the arrest
of policemen involved in attacking members of the Mehran Council of
Quaid-i-Azam University Islamabad outside the Islamabad Press Club.
In August, university students joined a protest organised by the HRCP in
Lahore against increasing enforced disappearances by security agencies.
HRCP claimed to have received 3,300 complaints about abductions,
mostly from militarised zones around the country.
In a statement issued to mark the International Day of the Victims
of Enforced Disappearances, HRCP emphasised that an enforced
disappearance implied the absence of the right to liberty, security and
life. It meant having no guarantee whatsoever of the right not to be
subjected to torture or to inhuman or degrading treatment and it put the
person entirely out of reach of the right to a fair trial or effective remedy.
Victims’ families and friends—and the public—were denied the right to
know the truth of the circumstances of the disappearance.
On 19 November, huge rallies were held across the province to protest
enforced disappearances in Balochistan. Families had initially camped
outside the Quetta Press Club until they were forced to move away
to the Chief Minister’s House to continue their sit-in, demanding
reassurance from the government that they would have recourse to due
legal process. In expressing solidarity with the families, HRCP expressed
shock that women, children and the elderly had to camp out in large
numbers in the open in winter to merely ask that they be heard and their
constitutional rights respected. The families were later given assurances
by the government that their demands would be heard.
In December, it was reported that students of Bahauddin Zakariya
University were protesting the disappearance of a classmate. Jiand
Baloch was allegedly taken by security agencies from his residence in
Quetta along with his father and 13-year-old brother on 30 November.
Demands may be heard, but they will not necessarily be met. During its
last Universal Periodic Review, Pakistan supported the recommendation
to ‘specifically criminalise enforced disappearances in the penal code
and reinforce the capacities of the Pakistanis [sic] Inquiry Commission
on Enforced Disappearances in order that the Commission can fully
carry out its mission.’ Simply adding enforced disappearances to the
Penal Code will not suffice. Until and unless the government forms a
statutory commission or tribunal, answerable to the Supreme Court
and independent of external interference, the process of eliminating
this particular crime and providing redress to the victims and their
families will continue to be stalled. And the cases of missing persons
will continue to pile high.
A government bill on the subject of disappearances has been pending
in parliament since 2014. It criminalises enforced disappearances and
proposes the creation of tribunals to trace the victims of enforced
disappearance and refer cases for trial of perpetrators of this crime by
sessions courts. But the new government indicated that it wished to
draft a new bill.
Recommendations
• Ratify the International Convention to Protect All Persons against
Enforced or Involuntary Disappearance.
• Replace the CoIoED with a statutory commission answerable to the
Supreme Court.
• Review the justification for maintaining internment centres under
the Actions in Aid of Civil Power Regulations.

III
Fundamental
Freedoms
Fundamental Freedoms
Freedom of Movement
Every citizen shall have the right to remain in and, subject to any reasonable
restrictions imposed by law in the public interest, enter and move freely throughout
Pakistan and to reside and settle in any part thereof.
Article 15
Everyone has the right to freedom of movement and residence within the borders of
each state. Everyone has the right to leave any country, including his own, and to
return to his country.
Article 17(1,2)
1. Everyone lawfully within the territory of a State shall, within that territory,
have the right to liberty of movement and freedom to choose his residence.
2. Everyone shall be free to leave any country, including his own.
3. The above-mentioned rights shall not be subject to any restrictions except
those which are provided by law, are necessary to protect national security,
public order, public health or morals or the rights and freedoms of others, and
are consistent with the other rights recognised in the present Covenant.
4. No one shall be arbitrarily deprived of the right to enter his own country.
International Covenant on Civil and Political Rights
Article 12
Despite its fundamental status, freedom of movement in Pakistan

continued to be restricted for various reasons, including an uncertain
law and order situation, religio-political demonstrations, and militancy
and counterinsurgency operations. The excessive use of the Exit Control
List (ECL) featured prominently in headlines in 2018. At the year’s close,
No Objection Certificate requirements for North Waziristan entry were
removed for non-residents, although implications for local NGOs
wishing to work there remained unclear. A new visa-on-arrival policy
for tourist groups was also introduced.
Travel for some religious and gender minorities remained dangerous.
Despite a lack of data, the large number of reported trafficking and
forced labour cases, especially by high-profile individuals, was
disturbing.
Freedom of Movement 101

Official Restrictions
In March the ban on the issuance or renewal of Pakistan Origin Cards
(POC) was lifted for foreigners who had been married to their Pakistani
spouses for five years minimum. However, reported cases of the National
Database & Registration Authority (NADRA) refusing renewals suggests
selective issuance might be in place.
After several petitions were filed in the Peshawar High Court and
Supreme Court (SC), some barricades and check posts in various areas
of Peshawar were removed. The check posts and barricades, which had
been installed due to the long-term security situation in Khyber
Pakhtunkhwa (KP), combined with the under-construction Bus Rapid
Transit Project, had aggravated traffic congestion.
When the PTM planned a rally on 12 May, they were forced to change
the venue from the central location of Jinnah Bagh to Al-Asif Square at
Sohrab Goth. Main roads were blocked on the day of the meeting, and
people who were trying to reach the venue were threatened and
harassed. Convoys arriving from other cities were blocked on the way
and dozens were arrested.
A boarding pass was denied to the leader of the PTM, Manzoor Pashteen,
for the flight he had booked on a private airline to Karachi. Security
checks prevented him from reaching the Lahore airport to catch a flight
from there, and he finally travelled by road, arriving late for the rally.
Protests and obstructions
The protests of the Pashtun Tahafuz Movement (PTM) attracted the
attention of thousands. Their demands included a countrywide inquiry
into extrajudicial killings of Pashtuns, removal of landmines from
Waziristan, and an end to alleged mistreatment at check posts.
Riots and protests for a variety of reasons were a frequent occurrence
during the year, causing disruption and inconvenience to the general
public.
In August thousands from Tehreek-i-Labbaik Pakistan (TLP), the
political wing of a religious party, marched from Lahore to Islamabad
demanding the new government sever ties with the Netherlands
following the announcement of a controversial cartoon competition by a
Dutch politician.
In March, Lady Health Workers staged a five-day sit-in demanding
payment of arrears, blocking Lahore’s Mall Road until the Lahore High
Court (LHC) directed the Punjab government to fulfil their demands
and end the sit-in.
On 3rd April the Pakistan Mini Mazda Association blocked the M2

Lady health workers staged a five-day sit-in blocking Lahore’s Mall Road
Motorway, protesting toll hikes. On 25-26 September, a protest by

students of University of Sargodha’s Lahore sub-campus regarding non-
issuance of transcripts blocked Canal Road for hours. Traffic Police
cordoned off much of Lahore’s Mall Road to restrict the movement of
lawyers demanding the formation of LHC district benches in November,
but reportedly failed to remove barricades after protesters left.
Following the SC’s acquittal of Aasia Bibi in October, the TLP announced
countrywide protests, paralysing major cities for three days. Educational
institutions remained shut and people were unable to reach offices.
Public and private transport services in many areas were affected as
several associations of transporters supported the strike. Many key
roads, including motorways, remained blocked or shut because of the
demonstrations.
Mobs used barbed wire and burning tyres to block roads. Fuel shortages
exacerbated restrictions on movement. Protests in some areas turned
violent. Reports and footage revealed protesters torching and thrashing
vehicles with iron rods, sometimes with motorists trapped inside.
Roads were often cordoned off to facilitate VIPs and development
project delays exacerbated traffic congestion. GPO Chowk Lahore was
closed in March due to the Orange Line Metro station construction. The
delay in the construction of the Shaukat Khanum flyover in Lahore
caused delays and ill-health from dust pollution. Official sources claimed

the interim government’s non-release of funds had halted construction.
The SC ordered the removal of encroachments from railway lines and a
revival of the long-defunct Karachi Circular Railway (KCR) in November.
Half a million passengers would be facilitated by the KCR revival, but
Karachi Urban Lab research indicated that around 45,000 people in 28
settlements across the city would be forced to move. After protests and
concerns about displacement and loss of livelihood caused by evictions
were raised by political parties and activists, the Sindh government filed
a review petition against the anti-encroachment drive in the SC in
December, the outcome of which is pending.
Yearly ban
District authorities during Muharram restricted the movement of
hundreds of religious clerics known for their tendency to stir sectarian
hatred. Forty-two clerics were banned from entering Rawalpindi and
Sindh authorities restricted the movement of 300 clerics for two months.
Militancy and counter-insurgency measures
There were a number of attacks by militants—including the bombing of
two schools for girls—in former FATA, and military operations
continued there, leaving it largely inaccessible to the general public.
Operation Radd-ul-Fasaad, launched in 2017 and aimed at ‘eliminating
the residual threat of terrorism’ across the country, continued in 2018.
In May, military officials told journalists that over 110 check posts had
been abolished in North and South Waziristan. They claimed this was
unrelated to the PTM, despite the fact that PTM activists had been
protesting for a reduction of check posts.
The North Waziristan administration announced that the requirement
to obtain No Objection Certificates (NOCs) from the army headquarters
in Rawalpindi or check post registration for non-residents entering the
district as well as security clearance requirements for locals would be
removed from 2019.
Pakistanis from outside the district could enter North Waziristan by
showing their identity cards at a check post, but foreigners would still
need to obtain an NOC and register. These requirements had been
introduced for the ‘maintenance of law and order’ in the region following
the commencement of operations against militant groups in 2014, which
led to the displacement of many locals. The administration claimed
restrictions had been lifted due to the improved security situation and
repatriation of many Internally Displaced Persons. Counterinsurgency
operations against separatists in some areas of Balochistan also
continued.
In May the alleged harassment of foreign tourists at G-B check posts led

to the G-B Home Secretary claiming computerised cards would be issued
to foreigners at local airports to address the issue.
The Cabinet in October announced Proof of Registration cards for
Afghan refugees would be extended until June 2019. Border crossings at
Torkham (KP) and Chaman (Balochistan) were closed at multiple points
during the year, including during both countries’ elections due to
‘security risks’, hampering trade and leaving thousands stranded.
Attempts to fence the Pak-Afghan border to prevent the entry of militants
remained underway. In one instance Pakistani authorities closed the
Chaman border after Afghan troops fired at them for attempting to erect
fences along disputed territory. The border was temporarily reopened to
allow stranded people to cross over.
International Travel
In January, reversing the previous Interior Minister’s policy, 30-day
visas-on-arrival were offered to tourist groups from 24 countries.
In March, the Ministry of Foreign Affairs expressed disappointment
over the non-issuance of visas by India to over 500 pilgrims for the ‘Urs’
(death anniversary) of Sufi saint Moinuddin Chishti in Ajmer, as well as
the denial of visas to 192 pilgrims for Nizamuddin Chishti’s Urs in Delhi.
The Ministry claimed that the Indian Ministry of External Affairs in
February failed to issue clearance to 173 pilgrims hoping to visit the
Katas Raj Temple in Pakistan.
Sikh Pilgrims gather in the Kartarpur Gurdwara Sahib after the groundbreaking ceremony.
The ground-breaking on the Pakistani side of the long-awaited, visa-free

Kartarpur Corridor connecting Gurdwara Darbar Sahib in Pakistan to
Dera Baba Nanak in Indian Punjab was performed by PM Imran Khan

on 28 November. The government announced facilities such as
accommodation, shuttle services and a boarding terminal would be
provided.
In December, Indian pilgrims, including Hindu Pilgrims Party leader
Shiv Partab Bajaj, arrived for a 3-day visit to the Katas Raj. While
thanking the Pakistan government for maintaining Hindu religious
sites, Bajaj expressed regret over the limited number of visas issued.
Following Portugal’s relaxation of its travel advisory for Pakistan in
December, the Information Minister claimed plans to offer visas-on-
arrival to tourists from 55 countries were underway.
Exit Control List
The extensive, if not unprecedented, use of the ECL was widely observed.
It appeared to be used as a tool against suspects before their convictions,
even when it seemed clear they did not intend to flee. Many of the
prominent cases from earlier in the year had ties to the PML-N, while in
December a number of PPP associates were included. Activists, especially
PTM associates, were also targeted.
The PTI Cabinet in August placed Nawaz Sharif and Maryam Nawaz’s
names on the ECL, after they had been convicted by an accountability
court in the Avenfield properties reference and had two pending court
cases against them.
The ex-Director General of the Lahore Development Authority was
blacklisted from obtaining a passport in March due to the National
Accountability Bureau (NAB) investigation against him regarding the
Ashiana Housing scam. Nawaz Sharif’s ex-Principal Secretary was
placed on the ECL in August for the same reason.
On 30 May NAB had the PML-N appointed Pakistan State Oil MD
placed on the list due to an investigation against him. In June the Interior
Ministry placed 23 bureaucrats close to the Sharifs on the ECL at NAB’s
request, on corruption charges.
In May, FIA officials prevented a US diplomat who had violated a red
light, killing a motorcyclist, from leaving Pakistan, but he was allowed
to leave following negotiations with the US. During the same period, in
a retaliatory move against new restrictions on the movement of Pakistani
diplomats in America, Pakistan revoked some privileges from US
diplomats.
Discussions about the arbitrary application and anomalies of the ECL
policy were prompted after Zulfi Bukhari, a close associate of the PTI
Chairman, was given ‘one-time permission’ to accompany him for
Umrah. Bukhari was under investigation by NAB and had been
‘blacklisted’ by the Interior Ministry. The Islamabad High Court (IHC)

accepted his application to remove his name from the blacklist, but he
was placed on the ECL in August. The IHC accepted Bukhari’s appeal
for the removal of his name from the ECL in December.
The ECL also appeared to be used to target perceived political dissenters
including PTM associates. PTM supporter and UAE resident Hayat
Preghal was detained by the FIA for ‘anti-state activity through social
media’ while visiting KP. Amnesty International called for Preghal’s
unconditional release. He was granted bail on the condition that his
passport be confiscated and his name placed on the ECL.
Upon returning from the UK, prominent Pashtun and women’s rights
activist Gulalai Ismail’s passport was confiscated by FIA officials, who
claimed her name was on the ECL due to her ‘anti-state’ activities. MNAs
Mohsin Dawar and Ali Wazir were detained by FIA officials while
attempting to travel to Dubai in November and told their names had
been placed on the ECL after Swabi police registered an FIR against 19
PTM leaders for their involvement in a public gathering in August. The
Cabinet removed the MNAs’ names from the list in December.
MNAs Mohsin Dawar and Ali Wazir were detained by FIA officials while attempting to travel
to Dubai in November
Following disruptive nationwide protests against the Aasia Bibi verdict,

an agreement between TLP and the government stated the latter would
initiate ’legal action’ to include Aasia’s name in the ECL. This came a
day after the government stated through its official PTI Twitter handle
that it had ‘no plan’ to put her name on the list, creating confusion.

Rao Anwar, who had attempted to flee the country and gone into hiding
after being charged with the extrajudicial killings of four people in
January, appealed to the SC to remove his name from the ECL, claiming
this violated his freedom of movement.
The increasingly arbitrary and politically motivated use of the ECL was
noted by several officials. In March, around the time NAB started
demanding the inclusion of the Sharifs on the ECL, the Cabinet, under
the former Prime Minister, formed a subcommittee to review names on
the list. In October a Senate standing committee called for a reform of
ECL policy to prevent misuse.
The Information Minister’s announcement on 27 December—before the
Joint Investigation Team (JIT) report had gone to trial—that the Cabinet
would place 172 persons accused by the JIT of involvement in fake bank
accounts on the ECL drew much criticism. Among the 172 were PPP
leaders, the Sindh Chief Minister, as well as individuals associated with
the Omni Group, Summit, and Sindh Banks, Bahria Town and others.
The Chief Justice of Pakistan (CJP) asked the Federal government to
review its decision.
In June, the SC ordered NADRA to unblock former President Pervez
Musharraf’s CNIC and passport so he could return to Pakistan for a
treason hearing, which he then failed to do.
Unsafe movement and travel
Balochistan’s Hazara Shia community remained vulnerable to targeted
Jalila Haider at a hunger strike camp in Quetta, protesting Hazara killings

attacks. Driven into virtual ghettoisation, the community’s freedom of
movement remains severely limited, with many migrating abroad, often
illegally.
In April, there were four targeted attacks on Hazaras in Quetta, leaving
nine dead and two injured. Some were killed in drive-by shootings at
their own shops. The authorities’ failure to protect Hazaras sparked
protests in Quetta, including a five-day sit-in led by Jalila Haider, which
ended after the Army Chief met protestors. In May the CJP took suo
moto notice of these attacks, directing provincial and national authorities
to file reports within 10 days.
Modern slavery see Labours
Disasters
High levels of year-round ambient air pollution (smog) made visibility
especially poor for several days in January and December, when major
motorway routes in Punjab and KP were closed and some flights
diverted.
Malpractice
Over a dozen locals were arrested by the FIA for travelling on fake
documents. FIA arrested a few people issuing fake identity documents
to Afghan nationals. Some travel agents were arrested for illegal Umrah
visa facilitation in Sargodha. In March, FIA recovered 133 passports
from a human trafficker in Rawalpindi, who had been smuggling people
to Europe via the Middle East on the pretext of arranging visits to
religious sites.
The Gwadar Passport Office was non-operational for over two months
due to resource shortages. There were allegations of officers accepting
bribes and ‘agent mafia’ operating in certain passport offices in Lahore
and Gujranwala in January and February respectively.
Recommendations:
• Guarantee citizens freedom of movement across the entire territory
of Pakistan, making sure that there are no restricted areas, and that
the people are safe while travelling throughout the country.
• Protect freedom of movement from public and private interference.
Special efforts should be made to ensure that women are denied
none of the rights available under Article 12 of the ICCPR.
• Make public the ECL, as well as the reasons for placing anyone’s
name on it, and stop its arbitrary use. Any anomalies in the passport
issuance process should be addressed.
• Make special efforts to protect citizens’ right to reside in a place of

their choice by protecting them against all forms of enforced
displacement.
• Ensure implementation of laws against bonded labour as the most
vulnerable sections of society find themselves in conditions of
virtual slavery.
• Take steps to make road, train and air travel affordable, efficient and
reliable.

Freedom of Thought,
Conscience and Religion
... It is the will of the people of Pakistan to establish an order...wherein shall be

guaranteed fundamental rights, including equality of status, of opportunity and
before law, social, economic and political justice, and freedom of thought, expression,
belief, faith, worship and association, subject to law and public morality.
Preamble
Subject to law, public order and morality (a) every citizen shall have the right to
profess, practice and propagate his religion; and (b) every religious denomination
and every sect thereof shall have the right to establish, maintain and manage its
religious institutions.
Article 20
All human beings are born free and equal in dignity and rights. They are endowed
with reason and conscience and should act towards one another in a spirit of
brotherhood.
Article 1
Everyone has the right to freedom of thought, conscience and religion; this right
includes freedom to change his religion or belief, and freedom, either alone or in
community with others and in public or private, to manifest his religion or belief in
teaching, practice, worship and observance.
Article 18
No one shall be subject to coercion which would impair his freedom to have a
religion or belief of his choice. No one shall be subject to discrimination by any
state, institution, group of persons, or person on the grounds of religion or other
belief.
UN Declaration on the Elimination of All Forms of
Intolerance and of Discrimination Based on Religion or Belief
Articles 1(2) and 2(1)
Minorities continued to face harassment, arrests, or even death for

simply living their lives in accordance with their beliefs in Pakistan in
2018. International rankings show Pakistan’s abysmal performance in
improving the plight of religious minorities.
The United States added Pakistan to its blacklist of countries that violate
religious freedom and mistreatment of their minorities. A year earlier,
Freedom of Thought, Conscience and Religion 111

the U.S. had placed Pakistan on a special watch list of countries of
particular concern, having engaged in or tolerated ‘systematic, ongoing,
[and] egregious violations of religious freedom’.
The U.S. Commission on International Religious Freedom (USCIRF) also
recommended that Pakistan be designated as a ‘country of concern’
because of its alleged ‘serious violations of religious freedom’. The
report year 2018 said that religious minorities in Pakistan continued to
face attacks from extremist groups and society at large. It also noted that
‘abusive enforcement of the country’s strict blasphemy laws results in
the suppression of rights for non-Muslims, Shias and Ahmadis’.
The Minority Rights Group International placed Pakistan at number 9 in
its Peoples Most Under Threat – Highest Rated Countries 2018 list.
‘Pakistan continues to be wracked by insecurity. Shia Hazara living in
the provincial capital, Quetta, remain the target of repeated attacks by
extremist groups. A more general climate of intolerance and hostility
towards minorities including Shias, Ahmadis, Hindus, and Christians
persists in the country, promoted through state institutions and societal
attitudes.’
Undoubtedly, religious minorities suffered the most in Pakistan, but
sects within the Muslim majority such as Hazaras also faced extreme
sectarian violence in 2018.
Sectarianism
The U.S. Annual Religious Freedom report, released in June 2018, stated
that religious persecution is growing in Pakistan. Sectarian violent
extremist groups continued to target Shia mosques, religious gatherings,
religious leaders, and other individuals in attacks resulting in at least
112 persons being killed during the year.
Sectarian terrorism in Balochistan has disproportionately targeted the
Hazara community.
Six Hazara men were shot dead and one injured in four separate attacks
in the short span of one month. Two were killed in the Western Bypass
area of Quetta. A shopkeeper was gunned down on 18 April while
another Hazara man was killed at the beginning of the month. Two
Hazara men were killed in the fourth targeted attack on 28 April. On 4
March, a member of the Hazara community was shot dead in a targeted
killing in Quetta, while on 8 March in Quetta a policeman was shot dead
and another sustained injuries while guarding the Hazaras.
Hazara activists staged a sit-in outside the Balochistan Assembly
building, and a group of Hazara women went on hunger strike outside
the Quetta Press Club on 29 April, demanding that targeted killings of
Hazaras end immediately and the perpetrators be arrested. In May the

Supreme Court took suo motu notice of attacks on Hazaras.
As Hazaras are driven into enforced seclusion for the sake of safety,
their children’s education is disrupted and thriving businesses
abandoned. Tens of thousands have chosen the perils of illegal migration
to Australia over their restricted life in Pakistan.
A report by the National Commission of Human Rights (NCHR) claimed
that 509 Hazaras were killed in various incidents of terrorism in Quetta
over the past five years. However, the regional head of the Hazara
Democratic Party claims the actual number is much higher and ‘more
than 200 Hazaras were killed only in two suicide attacks’.
A Hazara woman who has opened a restaurant in the centre of Hazara
Town explained their plight, ‘We are in a very sad predicament today.
Many homes have no male breadwinners left—they have either been
killed or have left Quetta. In a community where children’s education
was of paramount importance and child labour looked down upon,
many children have had to leave school and work as waiters in
restaurants, or errand boys in medical stores or in shoe shops etc. to
support their families.’
The Shia community continued to be under threat of targeted killings. In
February, three persons, including a religious leader, died in a targeted
firing on an Imambargah in Dera Ismail Khan. On 22 March, a Shia man
was shot dead and two were seriously injured in a sectarian attack in
Karachi. On 8 August, three Shias were shot dead in Dera Ismail Khan.
The Shia Missing Persons Release Committee claims that around 140
Shia Muslims are missing.
On 13 July, the District Police Officer of Dera Ismail Khan told the
Supreme Court that some politicians use sectarian violence to promote
their vested interests, increasing their vote bank by supporting religious
extremist groups.
Ahmadis
The widespread hatred and antagonism against the Ahmadiyya
community in Pakistan is nothing new. Incitement against them
continued unabated in 2018 in an environment conducive to bigotry and
hate speech. The barefaced persecution of the community has gone on
for decades, with instances of mob attacks, desecration of worship
places, targeted killings, and hate speech. Banned religious organisations
openly targeted Ahmadis on Facebook, Twitter, and other forums on
social media, spewing out venom against them.
After the rise of the groups such as Tehreek-e-Labbaik Pakistan (TLP)
and the Faizabad sit-in, an Islamabad High Court judge said that
NADRA cannot change anyone’s religion without the permission of the

High Court and demanded a separate database of Ahmadis, making
them more vulnerable than before.
In another verdict the IHC made faith declaration mandatory for the
military and civil posts, yet another step towards exposing them to
persecution. The court also requested records of travel details of Ahmadis
and those who converted to the Ahmadiyya faith. This ruling has serious
repercussions for all religious minorities, not just the Ahmadiyya
community. Condemning the verdict, HRCP said in a press statement
that ‘requiring a faith declaration for computerised national identity
cards, passports, birth certificates and entry into voter lists will further
choke the capacity of minorities to exercise their fundamental rights.’
In September, the Prevention of Electronic Crimes (Amendment) bill
2018 was moved in the Senate, in which anti-Ahmadi laws were
specifically included—’A Qadiani calling himself a Muslim or preaching
his belief will be punished with three years’ imprisonment and fine’.
In the July 2018 elections, the Ahmadiyya community felt compelled to
refrain from voting altogether under the current discriminatory electoral
laws. There was one list of voters that included all religious groups,
including Muslims, Hindus, Christians, Zoroastrians, and Sikhs, with a
separate voters’ list for Ahmadis. This discriminatory treatment on the
basis of belief is a deliberate attempt to disenfranchise the Ahmadis of
Pakistan from the electoral process and deny them their fundamental
right to vote.
Prejudice against Ahmadis showed its true extent when the government
withdrew the nomination of Atif Mian from the Economic Advisory
Council (EAC) following a backlash over his Ahmadiyya faith. The
objection was raised by extremist groups including the TLP and
opposition parties led by the Pakistan Muslim League-Nawaz (PML-N),
which submitted a notice in the Senate against the appointment of Mian.
The religio-political parties have time and again humbled successive
Pakistani governments on matters relating to the Ahmadiyya community.
The TLP issued a protest call following the appointment of Atif Mian to
the EAC. Within a day, the government backtracked on Mian’s
appointment.
Briefing the Senate Committee on Human Rights about the demolition
of an Ahmadi place of worship in Sialkot, the Punjab police representative,
in an apparent reference to the removal of Atif Mian from the EAC, said,
‘What can a District Police Officer be expected to do if members of the
Ahmadi community cannot even survive on a government committee.’
Several places of worship came under attack during the year under
review. The most significant was the demolition of an Ahmadiyya
mosque in Sialkot as well as a house of historical significance to the

community. Another Ahmadi place of worship in Sialkot was damaged
and later set on fire in the presence of police officials. On 24 August, an
Ahmadiyya mosque in Faisalabad was torched. Police closed down yet
another Ahmadiyya mosque in Ichhra Centre, Lahore.
In Gujjarpurab and Sadoke, police registered two separate cases against
Ahmadis under PPC 298-C for sacrificing goats on the festival of Eid-ul-
Azha. An Ahmadi, arrested under the blasphemy law in Layyah in
October, was denied post-arrest bail.
Protest against the appointment of an Ahmadi as an adviser to the government
Though the number of Ahmadi target killings has gone down compared
to the previous year, the malicious intent seems overwhelming. The
burials of three Ahmadis were denied in common cemeteries. Eight
Ahmadis were charged under the blasphemy law PPC 295-C, ten were
booked for allegedly defiling the Holy Quran, and one was booked for
preaching in 2018.
Christians
This proved to be another hard year for Christians in Pakistan. According
to Open Door’s World Watch List 2019, for the reporting period 1
November 2017 - 31 October 2018, Pakistan ranked fifth in the list of
worst places to be a Christian, and one of two places where Christians
suffer the most violence. According to the report, an estimated 700
Christian women and girls are abducted every year and often forced to
marry Muslim men.

The year was especially tough for the Christians in the province of
Balochistan. On 3 April, four members of a Christian family fell victim to
a targeted attack when gunmen on two motorcycles opened fire on
them. The militant Islamic State proudly claimed responsibility for the
attack. Two weeks later, in the same month, two Christians were killed
and five others injured in a firing incident near a church in Quetta when
worshippers were leaving after attending Sunday mass. A large number
of Christians living in Quetta temporarily relocated after this incident.
A Christian woman was hospitalised with 90 percent burns in an acid
attack in Lahore for reportedly turning down a Muslim man’s marriage
proposal. She succumbed to her injuries after a five-day-long fight for
life. The family of the victim said that instead of registering an FIR
against the attacker, the Sialkot Civil Line police changed the nature of
the crime in the FIR taking advantage of them being illiterate. In Sialkot
in the month of April, a Christian girl was set alight for refusing to marry
the accused.
Delays in justice for Christians was common in 2018. Tania Mariyam
was murdered in 2017 but the murderer is still at large. Years have
passed since the Gojra incident in 2009 and the Joseph Colony incident
in 2013 where a mob torched houses located in a Christian neighbourhood
in Lahore, without any progress in the cases.
Farhan Aziz, a Christian youth from Gujranwala accused of sending
blasphemous text messages, has been languishing behind bars since 2
August. Following the accusations, an incensed mob surrounded the
neighbourhood where Farhan lived and he had to be rescued by the
police. Many Christian residents of the street fled out of fear as the mob
appeared ready to take matters into their own hands.
Being vulnerable communities, minorities were often intimidated and
their lands were grabbed by members of the Muslim majority. In Narang
Mandi, powerful landlords illegally took possession of a Christian
cemetery at gunpoint and destroyed several graves. In June, 24 Christian
boys were abducted and tortured by the land mafia in Karachi. In
August, 24 Christian families pleaded to the PM and CJP to help them
get the three-marla plots which were allotted to them in 1992 when their
houses were demolished without notice. They were not given any
compensation despite four orders of the Lahore High Court.
In April, guards of a family park in Peshawar physically assaulted a
Christian boy and his Sikh friends, including a girl, who were there to
celebrate Easter.
In June it was reported that 40 Christian families in Nayya Sarabah in
the Punjab district of Toba Tek Singh had been told they could not have
a church in the Muslim majority village. Six months earlier they were

forced to sign a form pledging they would no longer hold services there.
On the positive side, the Chief Justice of Pakistan ordered the construction
of a church in Kamoke which had been held up despite the necessary
funds being available. The Lahore High Court also directed the city
administration to restore the condition of a Christian cemetery and
ordered reconstruction of the church which was razed in Manawan.
Sikhs
Over the past few years, Sikhs in Khyber Pakhtunkhwa have often
been targeted by militant groups who have been threatening them
with dire consequences if they do not pay Islamic taxes. While several
Sikhs have been kidnapped, some have lost their lives and Sikh
properties expropriated.
Sikh leader Sardar Charanjeet Singh was shot dead in Peshawar
In a huge loss to the Sikh community, human rights activist and well-
known Sikh leader Sardar Charanjeet Singh was shot dead by
unidentified assailants in the outskirts of Peshawar in May.
After receiving threats and attacks on account of his struggle for human
rights, Sikh activist and serving president KP’s Pakistan Minorities’
Alliance Radesh Singh Tony was forced to move from Peshawar.
In October, two rescue 1122 men raped a mentally-challenged Sikh girl
in Nankana Sahib.
In February, Guru Singh Saba petitioned against Evacuee Trust Property
Board (ETPB) who were going to demolish a Gurdwara in Sahiwal. The
Sikh community moved the Peshawar High Court against Auqaf and

other government officials for not creating a crematorium place even
though they have the required budget. Meanwhile, the Sindh High
Court summoned the Religious Affairs Secretary, Chairman of EPTB,
and others on leasing out a Gurdwara in Mirpurkhas to a private
individual. In August, the Sikh community in Rawalpindi approached
the ETPB for their handing over the Old Gurdwara in Raja Bazar, where
a government office has constructed a mosque.
The opening of Kartarpur Corridor is a landmark development for
Sikhs living on both sides of the Indo-Pak border, a long-standing
demand of the international Sikh community for whom Kartarpur is
an important pilgrimage to visit Baba Guru Nanak’s shrine.
Approximately 16,650 Sikh yatris (pilgrims) came to Pakistan between
January and October 2018 compared to around 70,000 in the same period
the previous year—a huge drop in numbers. It is hoped that the
Kartarpur Corridor will attract several thousand more yatris to Pakistan.
On 26 October, the SC ordered inclusion of a column of ‘Sikhism’ in the
population census. Following the directions of the Peshawar and Sindh
High Court, the Pakistan Bureau of Statistics have included the Sikh
religion as a distinct religion in the census form. As per the direction
number C.P/D/1760-2017 issued by the Sindh High Court, the census
authorities were asked to print the Muslim, Christian, Hindu, Ahmadi,
Scheduled Caste, Sikh, Persian, Bahai, Kailash, Buddhists, and Jains in
the census forms. Initially, when the census forms were released in
March 2017, the Sikh religion was included in the ‘others’ category. This
upset many Sikhs across the country. Due to the unavailable data
regarding Sikhs, they are denied several opportunities so this inclusion,
though delayed, was welcomed.
Hindus
Uncertainty and insecurity continued to plague the Hindu community.
The largest religious minority in Pakistan, Hindus are concentrated
mainly in Sindh. Reports of forced conversions of Hindu women, mostly
lower caste minor girls, continued to surface. Hindu girls are kidnapped,
forcibly converted to Islam, and married to Muslim men. The Sindh
Child Marriage Restraint Act 2013 has not been enforced effectively and
the state’s response to forced marriages has been mixed. If not
accomplices, police are insensitive and indifferent at best in most cases.
A teenage Hindu girl who was abducted from a village in Thar was
reportedly forced to convert to Islam and enter into a marriage. The
parents were told by police that little could be done after a Hindu girl is
married to a Muslim man. Another teenage girl from district Umerkot
reportedly ‘disappeared’ after being taken into police custody and
handed over to a landlord, according to the girl’s family. A 12-year-old

was kidnapped from Yazman, district Bahawalpur. Although an FIR
was registered, the police failed to recover the girl.
In a few cases the police were effective. They recovered three sisters
from the Hindu community, who were allegedly kidnapped from Tando
Jan Mohammad in Mirpurkhas, within three days.
Unfortunately, no authentic data is available on forced conversions and
forced marriages in Pakistan. Around one thousand cases of Hindu and
Christian girls were estimated in the province of Sindh alone in 2018.
The cities where such cases occurred frequently included Umerkot,
Tharparkar, Mirpurkhas, Badin, Karachi, Tando Allahyar, Kashmore
and Ghotki.
The Sindh Assembly’s Forced Conversions Bill under which no person
under 18 could convert to Islam even of their own will, was passed
unanimously by the Sindh Assembly in November 2016. However, the
ruling party caved in to pressure from religious extremists and ordered
more consultations with stakeholders, delaying the process.
In some cases, the judiciary took prompt action. In January, the Sindh
High Court took suo motu notice of the rape of a Hindu girl in Kumri,
Umerkot and instructed police to provide security to the victim and her
family. A judicial magistrate in Mithi handed down a two-year prison
sentence to four people for forcing a 14-year-old Hindu girl to marry a
55-year-old man.
The Supreme Court took suo motu notice of alleged encroachments on
properties of the Hindu community in Sindh. Prof Dr Bhagwan Devi
posted a video on social media that went viral, alleging that land and
properties owned by Hindus were being encroached by land mafia.
Bogus power of attorneys were being produced in upper Sindh, causing
the Hindu community to feel insecure and threatened. Many Hindu
families were leaving Pakistan and migrating to other countries, while
several others were preparing to sell their properties and leave.
The Lahore High Court ordered the Punjab Government to release funds
for the renovation of a Hindu cremation place near Babu Sabu, Lahore.
A petitioner had moved the LHC to order that a cremation ground be
constructed in Lahore for Hindus to perform the last rites of their dead.
In Hyderabad, police and some influential people were allegedly
involved in the encroachment of a Hindu cremation site which sparked
protests in the city.
In another case, the Supreme Court took suo moto notice of reports that
the pond in the Katas Raj temple complex was drying up because cement
factories nearby were drawing off a large amount of water through a
number of sub-soil wells. The CJP directed the factory owners to fill the
pond with natural sources. Levels in the area would automatically rise

once water pumps at the factories were shut down. The Katas pond in
Chakwal is one of the holiest sites in Hindu mythology.
In some cases, the response from law enforcement agencies was
appalling. In Mithi, two Hindu brothers, traders by profession, were
shot dead by robbers. According to press reports, the police did not
bother to respond to the incident for several houses, resulting in protests
in Thar and Umerkot. A teenage Hindu boy was gang-raped after being
kidnapped in April. A Hindu trader was abducted in broad daylight in
Dera Murad Jamlian in July. The culprits were not apprehended. A
Hindu trader was attacked by unknown assailants in Larkana in October.
No FIR was registered until the incident was highlighted by the media.
The Sindh Assembly amended the Sindh Hindu Marriage Act 2016,
awarding the right of separation to both husband and wife in addition to
ensuring financial security of the wife and children. The Hindu
community can benefit as a whole from this legislation, particularly
women and children who have been denied those rights for decades.
Matrimonial cases are exploited due to the absence of the required laws.
The ETPB team finally inspected the 100-year-old temple ‘Kali Mata’ for
encroachments in Rawalpindi. It had been closed for several decades. In
1982 the ETPB gave the adjoining building to a school which later let it
to local traders.
The CJP also recommended that the chairman of the ETPB, who is
responsible for the maintenance of religious properties and worship
places of religious minorities, should be from a minority group.
Blasphemy
The blasphemy laws have been grossly abused with many people
lodging false complaints to settle their personal vendettas. In many
cases, blasphemy allegations end up in a mob lynching or targeted
killing of the accused before they can be tried or heard in a court of law.
Even if the accused is found innocent by the court, they are unable to
lead a normal life for fear of threats from extremists or social boycott.
Since 1990, close to 70 people have been lynched so far on blasphemy
charges, while another 40 are currently on death row or serving a life
sentence.
Proponents of Pakistan’s anti-blasphemy laws were shocked after the
Supreme Court in October overturned a decision sentencing Aasia Bibi
to death for allegedly using ‘defamatory and sarcastic’ statements
against the Prophet Muhammad (PBUH). Countrywide protests erupted
minutes after the decision and paralysed cities. Bigots took to violent
protests and openly threatened the lives of those associated with the
case. Businesses were affected and most educational institutions
remained closed for days as protesters brought everything to a standstill.

The Balochistan Assembly passed a joint resolution urging the federal
government to move the Supreme Court to review its decision of freeing
Aasia Bibi. The Jamiat Ulema-e-Islam-F (JUI-F) took out protest rallies,
and thousands attended the Muttahida Majlis-e-Amal (MMA) Million
March against Aasia’s acquittal in Lahore. Initially indicating a firm
stance, the government subsequently chose to enter into an agreement
with the protestors, supporting a perception that they had surrendered
to the violent mobs. Pending a judicial review, Aasia Bibi was still not
free at the end of the year and her whereabouts unknown. Her lawyer
fears for his life after receiving real threats from the far-right.
Demonstrations against Aasia Bibi’s acquittal only ended when an agreement was signed to
review the decision
The apparent ease with which a few thousand extremists shut down
Pakistan’s major cities, controlling roads into and out of Lahore, Karachi
and Islamabad, has invoked real concern as to whether the apex court,
let alone a trial court, can dare to release a victim of alleged blasphemy.
HRCP strongly condemned the vicious reaction of far-right religious-
political groups who took to violent protests and openly threatened the
lives of those associated with this case. It urged the state to make it
perfectly clear that any party’s incitement to religious hatred—notably
that of Tehreek-e-Labbaik Pakistan—will not be tolerated and is
punishable under the law.
Blasphemy remains a highly sensitive issue and allegations do not have
to be proven before provoking murder. On 23 January, a student killed
his college principal on the allegation of blasphemy in the Shabdqadar

area of Charsadda. The incident happened after the student had allegedly
been reprimanded over his absence from college. He had skipped college
to attend the Faizabad sit-in in November 2017.
Those accused of blasphemy suffer prolonged periods of pre-trial
detention before appeals are decided. Lawyers and judges involved in
blasphemy cases live in a climate of fear and face real threats of
extrajudicial violence. Junaid Hafeez, a former teacher at Bahauddin
Zakaryia University, has been under trial for a blasphemy allegation
since March 2013. A few months after the case went to trial, his counsel
Rashid Rehman was assassinated in his office by two unidentified
gunmen. To this day, his murderers have not been apprehended.
Hafeez’s case has been needlessly shifted as many as six times from one
judicial officer to another while he languishes in jail. His lawyer has been
denied an opportunity to meet him in private in prison.
On 1 February in Swat, an ATC court sentenced a man arrested for
blasphemy in the Damair area of Chitral to life imprisonment and
imposed a fine of Rs300,000. On the same day, Burewala police arrested
a man on blasphemy charges.
Blasphemy suspect Sajid Masih jumped off from the 4th floor of FIA
building to escape the brutal treatment and sexual harassment by
officials during interrogation at the end of February. A day earlier, his
teenaged cousin Patras Masih, had been arrested on blasphemy charges
when a vigilante mob blocked Shahdara crossing and demanded his
arrest and public hanging for allegedly posting blasphemous material
on his Facebook page.
On 23 February, the SC acquitted blasphemy accused Malik Ishaq who
was arrested in 2009 and sentenced to death in 2011. He remained in jail
for nine years for a crime he never committed.
On 3 March, Daska police arrested a mentally deranged woman on
blasphemy charges and shifted her to Sialkot District Jail. She had
recently returned home after spending two months in a Lahore hospital.
In April, Jaranwala police arrested two drunk men who allegedly burnt
pages of the Holy Quran.
On the same day in the same city, a man attacked his friend with a knife
inflicting serious injuries on him. He alleged that his friend said
blasphemous words. In June, Muridke police arrested a labourer for
alleged desecration of the Holy Quran. In July, Dena Police arrested a
man on the same charges. In August, Mirpurkhas police arrested a
Hindu teenager accused of blasphemy by a local prayer leader. Khazana
police in Peshawar arrested a man for allegedly desecrating the Holy
Quran in September. Thatta Sadiqabad police in Sahiwal arrested a man
in October who allegedly appeared in a blasphemous video clip posted

on social media and sent him to Multan jail. In November, an expat
living in Germany was booked on blasphemy charges 295-C by the
Gujrat police for allegedly airing a ‘blasphemous’ video. As many as
74% of blasphemy cases originate from the Punjab.
Despite criticism at home and abroad, Pakistan’s political leadership is
still unprepared to introduce even minor amendments to the blasphemy
laws, fearing a violent backlash from religious extremists. The blasphemy
laws, according to legal experts, have several legal loopholes.
Positive Developments
The Senate Standing Committee on Human Rights has recommended
that all content concerning minorities in textbooks should be reviewed
and suggested that any material spreading hate against religious
minorities should be expunged from the syllabus.
Hindu Mahesh Kumar Malani became the first non-Muslim to win a
general seat in the National Assembly since the amendment in Legal
Framework Order was passed in 2002. During the Senate elections in
March, Krishna Kumari from Tharparkar became the first Thari Hindu
woman to be elected to the Senate on a reserved seat for women from
Sindh.
Krishna Kumari (centre) - the first Thari Hindu woman to be elected to the senate
Wazir Zada has become the first ever Kalash legislator on a reserved seat
for minorities in the Khyber Pakhtunkhwa Assembly. The Kalasha are
the smallest ethno-religious community of Pakistan.
The Punjab government has announced a ‘Minorities Empowerment

Package’ that includes implementation of job and education quotas,
sentence remission system, skill development trainings, quota in the
Naya Pakistan Housing Scheme, religious education in government
schools for children from various faiths, and implementation of the by-
laws for registration of marriages among the minorities.
In March 2018, the Punjab Assembly unanimously passed a landmark
bill to regulate Sikh marriages.
HRCP is currently pursuing a Public Interest Litigation (PIL) in the
Supreme Court of Pakistan (SCP) to implement the June 2014 judgment
of the SC reaffirming the rights of non-Muslim citizens of the country.
The SC has constituted a committee which is to submit a report on the
status of the implementation of the judgment. The judgment also
addresses the issue of discrimination against minority groups in school
curriculums and the committee constituted through the PIL will be
looking at what the federal and provincial governments have done to
implement the judgment.
Recommendations
• Endorse and implement the recommendations made at the third
Universal Periodic Review (UPR) that called for the adoption of
measures aimed at protecting religious minorities and the right to
freedom of religion or belief.
• Take special steps to ensure that the places of worship and sites of
religious significance for minority communities are protected as far
as possible.
• Ensure that blasphemy allegations are no longer used to settle
personal vendetta or violate the human rights of any Pakistani.
• Repeal the Islamabad High Court’s (IHC) ruling requiring a
declaration of faith for government and semi-government job
applicants.
• Take an unequivocal and consistent stand against groups and
individuals who employ violent, extra constitutional means to
coerce the state in matters relating to the religion and rights of
minorities.

Freedom of Expression
Every citizen shall have the right to freedom of speech and expression, and there
shall be freedom of the press, subject to any reasonable restrictions imposed by law
in the interest of the glory of Islam or the integrity, security or defence of Pakistan
or any part thereof, friendly relations with foreign States, public order, decency or
morality, or in relation to contempt of court, [or commission of] or incitement to an
offence.
Article 19
Every citizen shall have the right to have access to information in all matters of
public importance subject to regulation and reasonable restrictions imposed by law.
Article 19-A
Everyone has the right to freedom of opinion and expression; this right includes
freedom to hold opinions without interference and to seek, receive and impart
information and ideas through any media and regardless of frontiers.
Article 19
“…promote the exercise of the right to freedom of opinion and expression, including,
as a matter of high priority, against journalists or other professionals in the field of
information.”
Mandate of the Special Rapporteur
UN Human Rights Council
The startling increase in the restrictions placed on individual and

collective freedom of expression in 2018, particularly in the run-up to
the general elections, became an issue of deep concern. Media coverage
was severely inhibited amid a climate of intimidation and fear, most
specifically in reporting on abuses by government security and
intelligence agencies as well as militants.
Media groups were pressured by authorities to avoid coverage of
certain issues, journalists were forced to resort to self-censorship, and
cable operators were blocked from broadcasting networks that had
aired critical programmes.
Individuals and organisations alike were drawn into the spiralling orbit
of the curbs on freedom of opinion and expression. Credible accounts of
intimidation, harassment, and surveillance of various NGOs by
Freedom of Expression 125

government authorities were reported.
Overt repression was attributed to national security concerns. In most
cases, however, the incidences of interference and intimidation by state
and non-state actors received no official acknowledgement and there
was a complete absence of efforts to hold anyone accountable. Once
again, the impunity with which state agencies operate was very much in
evidence, and the threat to citizens’ rights to freedom of opinion,
expression and information very real.
Right to information
In September, the Punjab Information Minister told journalists in an
informal interactive session that the Right to Information Act would
soon be promulgated in the Punjab to facilitate the media in accessing
required information. The minister acknowledged that journalism was
the fourth pillar of the nation and its role in nation building could not be
ignored.
The Sindh Transparency and Right to Information Act was passed by
the Provincial Assembly of Sindh on 13 March 2017 and assented to by
the Governor of Sindh on 8 April 2017. The Khyber Pakhtunkhwa (KP)
Right to Information Act had been passed in 2013. In April 2018, it was
reported that the Chief Minister Balochistan had accorded approval to
the Right to Information Act 2018 which would be submitted to the
provincial cabinet for final approval.
The Institute of Research, Advocacy and Development (IRADA)
conducted a study titled Impeding Transparency, Accountability and Access
to Information: Inactive Government on Proactive Disclosure and released it
on the occasion of the International Day for Universal Access to
Information (28 September). According to the report, federal ministries
had not provided 39 categories of information required under the 2017
Federal Right of Access to Information Act, 17 ministries had not set up
websites, and 29 had performed poorly in complying with the proactive
disclosure clause.
In releasing the report, the IRADA Executive Director said, ‘The right to
information empowers citizens to optimally benefit from all recognised
rights and to claim others. It also makes governments and public agencies
accountable and transparent. Allowing people to seek and receive public
documents serves as a critical tool for fighting corruption, enabling
citizens to more fully participate in public life, making governments
more efficient, encouraging investment, and helping persons exercise
their fundamental human rights.’
The official reluctance for information to be freely disseminated to the
public has unexpected consequences. The HRCP Annual Report is a
publication on the state of human rights in the country during the year

in question, based on factual accounts, news, reports, and even the
government’s own published statistics. Within three days of the launch
of State of Human Rights in 2017, an armed raid—thinly disguised as a
burglary—was conducted on the home of the editor. In the hour-long
visitation, her phones, laptop, and hard drives were removed and
documents inspected. She was questioned on her personal and
professional status, including her religion, caste, and who was paying
her. Jewellery and cash were also taken. The police admitted that it was
no ordinary burglary and she was advised against filing an FIR. An
investigation never materialised and formal letters written to the
authorities went unacknowledged.
Curbs on the media
A series of events in the run up to the elections exposed an alarming
trend of threats to freedom of expression. A notice was served by the
Press Council of Pakistan (PCP) on Dawn in May for what was termed
violating the Ethical Code of Practice by publishing an interview of
former prime minister Nawaz Sharif. Dawn Assistant Editor Cyril
Almeida was named in a treason case along with Nawaz Sharif and
former PM Shahid Khaqan Abbasi. An arrest warrant was issued on
Almeida and his name placed on the Exit Control List. Both were later
withdrawn.
The distribution of Dawn newspaper was disrupted and transmission of
its news channel blocked in cantonment areas following the serving of
Journalists hoist black flags at the National Press Club building as they chant slogans during a
protest for press freedom and against moves to curtail the distribution of Dawn.

the notice. HRCP condemned the action saying ‘such curbs are
tantamount to press harassment and only chip away further at the
shrinking space for Freedom of Expression.’
In July, large numbers of journalists, politicians, lawyers, and civil
society activists showed up at protest camps organised across the
country by the Pakistan Federal Union of Journalists (PFUJ) in support
of Dawn.
The EU election observation mission to Pakistan issued a report following
the elections that highlighted significant curtailment of freedom of
expression.
The media were reportedly also pressured into firing certain employees
who were deemed too critical of the Pakistani establishment. Prime-time
news show hosts Talat Hussain, Murtaza Solangi, Mateeullah Jan, and
Nusrat Javed either quit or lost their jobs.
In the months preceding the elections, HRCP had received numerous
complaints from journalists in the print and broadcast media of
interference with freedom of expression and reports of unlawful
interference with distribution of the Dawn newspaper. In response to
this, HRCP conducted an independent fact-finding exercise, the results
of which corroborated reports of the extent and nature of the restrictions
being imposed on the media. The report was launched in July.
HRCP received numerous complaints from journalists in the print and broadcast media of
interference with freedom of expression

Distribution in the print media
The interviews carried out by HRCP with distributors in Balochistan, the
Punjab, and Sindh supported allegations by Dawn newspaper that
disruptions and intermittent closures in commercial establishments and
residential areas associated with the military had had a serious impact
on business.
Following the publication of an interview with former Prime Minister
Nawaz Sharif on 12 May 2018, sales agents alleged that the distribution
of Dawn had been disrupted daily in at least 20 targeted cities and
towns—specifically in cantonment areas and army offices and schools.
Hawkers were subjected to continual harassment, threats, and physical
coercion by military personnel while attempting to deliver copies of
Dawn to regular subscribers. At least two distributors confirmed that
they were asked to provide information on their subscribers.
Concurrently, advertisements were withdrawn or suspended. Dawn
reported that it had, since October 2016, suffered a complete ban on
advertising from organisations falling under the domain of the ISPR,
including DHA and other commercial establishments.
Over the year, a number of media organisations had to downsize or
close down due to declining advertising revenue or other financial
constraints. Hundreds of media workers lost their jobs as a consequence.
(See also Labour)
Transmission in the broadcast media
The government and the Pakistan Electronic Media Regulatory Authority
(PEMRA) faced harsh criticism for blacking out coverage of a peaceful
movement by ethnic Pashtuns, known as the PTM, against enforced
disappearances and extrajudicial killings. The government was also
accused of blocking the signal for Geo TV, Pakistan’s most widely
watched news channel, for more than a month.
HRCP documented at least three instances in which cable operators in
the Punjab and Gilgit-Baltistan said they were compelled to take certain
channels off air. In each case, they received a telephone call from persons
identifying themselves as state or intelligence agency officials, warning
them to ‘remove’ Geo TV from the list of channels being transmitted or
to move it to the very end, thereby making it less accessible. All
respondents said they had no choice but to comply for fear their business
would be closed down or attacked.
The resulting uncertainty and inevitable cost reduction exercises for
such a prominent television channel management served to unsettle
smaller TV channels who felt they had no other option than to fall into
line.

Press advice and intimidation
Numerous respondents to the HRCP survey spoke of verbal press
advice, received either on the telephone or during a visit, usually
pertaining to what should not be published or broadcast. The most
commonly tabooed subjects cited were: missing persons, the Pashtun
Tahafuz Movement (PTM), Baloch separatists and rights activists such
as Mama Qadeer, the Panama trial and NAB references, the
disqualification and arrest of Nawaz Sharif, references to any
questionable decisions by the judiciary, allegations of judicial overreach,
and questions about the armed forces. Some respondents claimed that
other prohibited topics included criticism of the PTI party.
Another reportedly common piece of press advice to the broadcast
media was that the channel should give greater coverage to PTI rallies
and only minimal coverage to other parties’ events. Other issues raised
included questions pertaining to coverage of national security issues,
editorial policies and even reporters’ sources.
Respondents in both the print and broadcast media said that the advice
was issued by civil bureaucrats, the office of the DG Press and
Information, or directly by the ISPR, often relayed through the
management. In some cases, state or intelligence agencies approached
channel or newspaper owners directly, threatening their channel/
publication or parent business with NAB or FIA cases or suspension of
advertisements unless they agreed to abide by certain conditions.
The common consequences of non-compliance were vicious character
assassinations through anonymous social media accounts and social
networking platforms that went as far as to incite violence against media
persons and, in the case of women, rape threats. Editors and reporters in
G-B have testified to receiving press advice and being threatened with
dire consequences—including threats of arrest, violence or death—if
they did not comply. Most said they were warned against giving
coverage to nationalists and reporting negatively about state institutions
and government departments. In one extreme instance, a case was
registered under the Terrorism Act against an editor and publisher who
did not comply. He was arrested and remains in prison.
Threats to a free press
Whether through actual coercion and intimidation, or self-imposed
censorship for fear of reprisals, the impediments to objective journalism
were manifold. Some members of staff refused to work or left altogether,
adding to the burden of newspaper management caught between
intimidating ‘advice’ about what not to publish, and threats from
religious radicals and representatives of nationalist or political parties if
their activities were not reported.

Press Freedom Barometer 2018, a report published by the Pakistani media
watchdog Freedom Network ahead of World Press Freedom Day in
May, documented more than 150 violations against journalists and
media groups across all four provinces, Islamabad, and the tribal areas.
The violations, recorded between 1 May 2017 and 1 April 2018, averaged
around 15 cases a month and included officially enforced censorship,
written or verbal threats, killings, harassment, arrests, abductions, illegal
confinements, and physical assaults conducted by state and nonstate
actors, and political and religious parties.
The report said that, in 39 percent of all the attacks, the victims or their
families suspected the state functionaries were somehow responsible.
The other suspects were political parties, religious actors, criminal
elements, and unidentified sources of threats.
During the remainder of the year, reports of aggressive and intimidatory
tactics continued. Gul Bukhari, a journalist and activist, and vocal critic
of the military, was abducted in Lahore in June by unknown assailants
and released after a few hours. On the same night, Asad Kharal, a
broadcast journalist, was assaulted and injured by masked men in
Lahore. Kadafi Zaman, a Norwegian journalist, was arrested by police in
July while covering a political rally and beaten up. He was released after
three days.
Digital media under scrutiny
The HRCP enquiries found that press advice to social media users,
especially those critical of state policies, had also increased. The advice
from the ISPR and civil agencies such as the FIA intensified in cases of
criticism of the policies of the military or discussions of extremist
violence. Social media users were allegedly called for ‘hearings’ relating
to their online activity, albeit with no supporting official orders. Direct
requests were commonly received to delete specific tweets and, in one
case, a request to report ‘objectionable’ tweets.
In January 2018, one social media user escaped an abduction attempt
during which his travel documents, laptop and phone were taken. He
went into exile soon after. Subsequently, he set up a website ‘Safe
Newsrooms’ to enable whistle-blowers to unmask censorship, but the
website was blocked soon after.
Another social media user was detained for one night in Lahore a day
before the PTM rally in April 2018. She alleged that she was hit with the
butt of a gun and pushed so hard that her head hit the wall. She was
called a traitor and then put in solitary confinement overnight at the
Counter Terrorism Department headquarters in Lahore. Subsequently,
her computer was attacked with malware through a video link sent to
her three days before the PTM rally in Karachi in May 2018 and her

internet data blocked for a month during the same period.
In the wake of disruption to cellular services shortly before the general
elections in July, the Digital Rights Foundation (DRF) and Bolo Bhi
issued a joint statement calling on the caretaker government to ensure
the uninterrupted operation of mobile networks and digital accessibility,
and to protect freedom of speech, as well as the right to associations for
citizens. ‘Internet shutdowns have not proven to contribute substantial
benefits towards national security and/or against terrorism. In fact, they
promote chaos among people at the receiving end of this violation of
their fundamental right to free speech as guaranteed under Article 19,
and the right to information under Article 19-A, and have been declared
as illegal by the Islamabad High Court (IHC) earlier this year,’ the
statement read.
A Freedom House report released at the beginning of November showed
Pakistan’s internet freedom ranking had declined in 2018. The country
received an ‘internet freedom status’ score of 73 out of 100 (with 100
being the worst)—only slightly better than countries such as Saudi
Arabia and China. Internet shutdowns, a problematic cybercrime law,
and cyber-attacks against political dissenters were quoted as factors that
contributed to the ongoing deterioration.
Political speech was vulnerable to restriction as the country entered the
election year, the report noted, adding that in the lead-up to the vote,
bots supporting political parties surfaced online, including many
spreading disinformation. The report noted that the government
continued to use national security as justification for internet shutdown
and restrictions on social media as well as other communication
platforms. Social media campaigns disseminating false information had
also had an adverse impact in offline spaces.
Also highlighted in the report was the continued arrest and prosecution
of internet users for online expression, as well as torture and sexual
violence during detention. It mentioned complaints of detailed technical
attacks targeting human rights defenders, their accounts and devices.
The websites of NGOs, opposition groups and activists had also been
targeted.
One of the key findings of the report was a continuation of internet
shutdowns in the region formerly known as Federally Administered
Tribal Areas (FATA) and parts of Balochistan. The report condemned
the media blackout of dissent and social movement forces for criticising
the military establishment.
The future for a beleaguered media?
The new government announced that political censorship on state-run
news organisations had been lifted. In a statement posted on Twitter, the

Journalists protesting the killing of their colleagues
Information Minister said that both Pakistan Television (PTV) and Radio
Pakistan would now enjoy complete editorial independence over the
content they produced.
Similar announcements have been made by previous governments, but
PTV is not considered a particularly impartial channel. Owned by the
government, administrative control over the organisation and editorial
content is managed by the party in power.
The International Press Institute (IPI) welcomed the announcement,
noting that ‘the independent media in Pakistan is facing serious
intimidation, restrictions on the sale and circulation of newspapers as
well as the blockading of television broadcasts by the administration.’
The IPI had written to the Prime Minister both before and after the
elections expressing grave concern over the decline of press freedom in
the country.
Soon after, the Federal Information Minister’s reference to the formation
of a ‘Pakistan Media Regulatory Authority’ to replace existing media
regulatory bodies was met with mixed reactions as to whether it signalled
positive changes in the media industry, or a move towards greater state
control of the media.
The Council of Pakistan Newspaper Editors (CPNE) called on the
government to consult editors, journalists, publishers, and other
stakeholders before carrying out legislation on any media law. The

CPNE said there was ‘no need for special media laws as media should be
regulated through ordinary laws’ and believed the subject of information
was best left to provinces under the 18th Amendment.
A similar draft law had been proposed in 2017 by the PML-N government
to set up a Pakistan Print Media Regulatory Authority to replace the
Press Council Ordinance and the Press, Newspapers, News Agencies
and Books Registration Ordinance, both of 2002. The vigorous opposition
from the press fraternity had caused the proposed law to be shelved.
By October, there were growing concerns about the purpose of the new
proposal. The Information Minister announced the draft of the Pakistan
Media Regulatory Authority under which the existing regulatory bodies
were to be consolidated to oversee print, electronic and social media,
and said that ‘no one will be able to defame anyone under the new law’.
This was generally viewed as possibly another regressive tactic to
impose curbs on the media and the lack of information on the powers of
the proposed Authority only added to the unease.
By the end of the year, that unease appeared justified. The Voice of
America’s Urdu and Pashto websites were reported to have been blocked
in Pakistan. While the Pashto website had been blocked some months
earlier, the Urdu one also became inaccessible in early December.
According to a VOA official, the ban followed coverage by the
international news organisation of a rally by the Pashtun Tahafuz
Movement in KP. The Information Minister was quoted on VOA’s
English website as saying that the action was taken on account of ‘false
and prejudiced reporting’, which he alleged was promoting a single
narrative while ignoring the many positive developments in the country.
At the end of December, the Press Council of Pakistan (PCP) at a meeting
attended by the All Pakistan Newspapers Society, Council of Pakistan
Newspaper Editors, Pakistan Federal Union of Journalists, Pakistan Bar
Council, and Pakistan Commission on Women Status, unanimously
rejected the proposed creation of a media regulatory authority and
urged the government to ensure the freedom of the press if its intention
was to make institutions more efficient.
Clampdown on opinions and dissent
Stifling voices of dissent became commonplace during the year.
It was reported in early May that the Pakistan Electronic Media
Regulatory Authority (PEMRA) had fined 17 satellite TV channels for
incorrectly reporting that the Lahore High Court had imposed an interim
ban on the airing of anti-judiciary speeches made by former prime
minister Nawaz Sharif, his daughter Maryam Nawaz and other Pakistan
Muslim League-N leaders. Later in May, a Lahore High Court full bench
in May issued a notice to the Pakistan Electronic Media Regulatory

Authority (PEMRA) on a civil application questioning the airing of
alleged anti-judiciary speeches.
Police registered a case under Section 7 of the Anti-Terrorism Act against
some political activists for shouting slogans against the chief justice of
Pakistan and the representative of a state institution during a protest
against alleged election rigging organised in August outside the Election
Commission of Pakistan (ECP) office.
In September, the Chief Justice hinted that Article 6 of the Constitution
(high treason) could be invoked against those opposing the construction
of dams in the country saying, ‘I am examining the scope of Article 6 to
see whether it could be invoked against opponents of this national
cause.’
An Islamic High Court judge was sacked in October for his remarks
about alleged interference by the Inter-Services Intelligence (ISI) in
judicial proceedings.
In November, it was reported that the Awami National Party had
suspended the basic membership of its two stalwarts, Afrasiab Khattak
and Bushra Gohar, for violating its discipline, but did not specify charges
against them. It is generally known that both ANP leaders have been
very vocal for the rights of the Pashtun, actively supporting the Pashtun
Tahafuz Movement on social media by re-tweeting and liking its tweets.
The party they are associated with maintains a distance from the social
rights movement.
Empty chairs on the platform of the stage spoke volumes about the
absence of four scheduled speakers at a festival in Lahore in November.
It was alleged that their presence had been barred by state authorities.
At least two scheduled panellists claimed that their invitation to speak at a prominent festival
in Lahore was rescinded at the last minute for reasons left unspecified

They were due to participate in sessions covering freedom of expression
and parallel politics.
The protection and promotion of basic human rights is inextricably
linked to the fundamental right to information, which in turn promotes
free thought, opinion, and expression. The fact that Pakistan only ‘noted’
five recommendations from the recent Universal Periodic Review that
pertained to freedom of expression, threats to journalists, and cases of
murdered media persons, serves to exacerbate rather than alleviate
concerns that the end to the stifling of dissent and curtailment of free
speech and expression is not yet in sight.
Recommendations
• Set up complete and effective information commissions in each
province to implement the state’s obligations under the Right of
Access to Information Acts.
• Remove Sections 20 and 37 from Pakistan Electronic Crimes Act-
2016 (PECA) which give the state overbroad powers to censor and
initiate criminal prosecutions against dissidents.
• Take appropriate steps to prohibit and prevent unauthorised, illegal,
and unlawful interference with freedom of expression in the country.
• Prevent interference in the sale and distribution of newspapers, and
the deliberate displacement or blocking of TV channels.
• Halt the practice of issuing ‘press advice’ or press-advice-like
‘instructions’ on the part of state agencies.

Freedom of Assembly
Every citizen shall have the right to assemble peacefully, and without arms, subject
to any reasonable restrictions imposed by law in the interest of public order.
Article 16
Everyone has the right to freedom of peaceful assembly and association.
Article 20(1)
…that the rights to freedom of peaceful assembly [and of association] are essential
components of democracy, providing individuals with invaluable opportunities to,
inter alia, express their political opinions, engage in literary and artistic pursuits
and other cultural, economic and social activities, engage in religious observances
or other beliefs, form and join trade unions and cooperatives, and elect leaders to
represent their interests and hold them accountable.
Human Rights Council
Preamble, Resolution 15/21
The right to peaceful assembly—to participate in political activities, to

protest against perceived injustices, even to come together to engage in
artistic pursuits, cultural and social activities, and religious observances—
is enshrined in the Constitution of Pakistan. Section 144 of the Criminal
Procedure Code (CrPC) is imposed and security personnel deployed to
disperse protestors if the administration and law enforcement agencies
have reason to believe there is a risk of obstruction, riots resulting in
damage to property, or danger to human life. Obstructions on The Mall
in Lahore were so frequent that the government was called upon to
legislate on protests in that area.
In 2018, the citizens of Pakistan continued to exercise their right to
protest, demonstrate and hold sit-ins to press for their demands or
highlight their complaints. These were mostly staged in areas where
their protests were likely to receive the most attention, and even smaller
gatherings frequently resulted in chaotic traffic jams and disruption to
the everyday life of the general public.
The protests encompassed a multitude of issues, among them targeted
killings, enforced disappearances, civic conditions, alleged persecution,
outrage over assaults and deaths, denial of dues, price hikes, perceived
Freedom of Assembly 137

injustices, and religious fervour.
Pre-emptive measures
In the run-up to the elections, there were numerous reports of crackdowns
on human rights defenders, activists, journalists and other members of
civil society.
In March, predominantly young activists of the Pashtun Tahafuz
Movement (PTM) staged a 10-day protest against extrajudicial
executions, enforced disappearances and other human rights violations
in Islamabad, with similar protests in Swat and Peshawar. Subsequently,
37 activists were detained in Adiala Jail in Rawalpindi for participating
in the peaceful protests, prompting nationwide protests and demands
for their release.
When the PTM organised rallies in the main cities of the country, there
were numerous media reports of intimidation, harassment and arrests
to subvert the events.
In response to the PTM’s intention to stage a rally at Mochi Gate in
Lahore on 22 April, police launched raids the evening before and arrested
several leaders of the PTM, Awami Workers Party (AWP) and Pashtun
students from a local hotel and Punjab University. The news of the
arrests spread through social media, prompting protests in Quetta and
Peshawar.
On 19 April the HRCP stated that there was growing speculation that
the authorities were not happy with the idea of allowing a Khyber
Pakhtunkhwa organisation to hold a public meeting in Lahore and
urged the Punjab government to avoid taking any steps that might be
seen as interfering with people’s fundamental right to assembly. In a
letter to the Punjab chief secretary, the HRCP said ‘We believe that the
people of Khyber Pakhtunkhwa have as much right to enter Lahore and
hold a public meeting as the people of any other province.’
Recalling the events of March 1973, when security forces fired on a
public meeting being held by the National Awami Party in Liaquat
Bagh, Rawalpindi, an HRCP spokesperson observed: ‘The country has
already paid a heavy price for interfering with people’s right to assembly.
History must not be allowed to repeat itself. The Punjab government is
thus duty-bound to ensure that any peaceful political activity taking
place in the province is not hindered, and that people—all people of
Pakistan—have the right to express their grievances peacefully.’
Despite the authorities’ refusal of a permit for the event it went ahead as
planned, and was attended by thousands. Media coverage was blacked
out.
A similar rally was planned in Karachi on 12 May. The PTM were forced

to change the venue from the central location of Jinnah Bagh to Al-Asif
Square at Sohrab Goth. In the weeks before the meeting, more than 150
activists and political workers involved in the preparations were
abducted, and legal cases registered against some of them, including
charges of sedition and terrorism. Main roads were blocked on the day
of the meeting, and people who were trying to reach the venue were
threatened and harassed. Convoys arriving from other cities were
blocked on the way and dozens were arrested.
In March, predominantly young activists of the Pashtun Tahafuz Movement (PTM) staged a
10-day protest in Islamabad against extrajudicial executions, enforced disappearances and other
human rights violations
The leader of the PTM, Manzoor Pashteen, was denied a boarding pass
for the flight he had booked on a private airline to Karachi. He was
prevented from reaching the Lahore airport to catch a flight from there,
and finally travelled by road, arriving late for the rally.
There was a massive turnout at the event but, once again, the media was
blacked out.
In June, a three-day sit-in was held in Zhob, Balochistan to protest
against the continued detention of the 37 PTM activists.
On 28 June, activists of the PTM were arrested for raising anti-army
slogans. At least 10 people were injured in a fight that broke out in Wana
after a PTM gathering, adding to the tension.

In October, an anti-terrorism case against the 37 activists was withdrawn.
When Nawaz Sharif’s Pakistan Muslim League (PML-N) party
announced they would be organising a rally for Sharif’s return to Lahore
before the July elections, scores of party activists were arrested in night
raids ahead of his return.
It was reported that 10,000 police officers were deployed across Lahore.
Containers were set up to block main thoroughfares across the city, and
traffic diversion plans were put in place. Roads leading to the airport
were sealed. Police were directed to take strict action against violators of
the law during election campaigns and rallies, although political leaders
and workers who remained peaceful would be guaranteed security.
These measures followed events just days earlier when Nawaz Sharif’s
son-in-law, given a one-year jail sentence, staged a rally in Rawalpindi.
Hundreds of PML-N workers thwarted attempts by the National
Accountability Bureau (NAB) and police to take him into custody before
he finally presented himself for arrest.
The case for control
Justification for limiting freedom of assembly is generally accepted in
situations where the protection of public safety and public order is
necessary. Other considerations are the need to counter crime and
control traffic. In 2018, there was a disturbing resurgence of the agitation
by the Tehreek-i-Labbaik Pakistan (TLP) that had earlier manifested
itself in 2017.
Aasia Bibi’s acquittal by the Supreme Court prompted massive protests by the TLP

On 2 April, the TLP started a sit-in on The Mall in Lahore and threatened
nationwide protests if the government failed to implement the terms of
the controversial Faizabad agreement. In the days that followed, stick-
wielding TLP workers blocked all entry and exit points of Lahore,
deflating tyres of vehicles and parking them on the roads. Sit-ins were
staged in Rawalpindi and other cities of the Punjab. Many major cities of
the Punjab, including Sialkot, Sahiwal, Gujranwala, Kasur, Mandi
Bahauddin, Chunia, Multan, Faisalabad, and Muzaffargarh, were soon
cut off from the rest of the country. The police foiled attempts at sit-ins
in Islamabad and dozens of local leaders and activists were arrested.
The sit-ins finally ended after ‘successful’ talks with the government.
In the wake of the landmark acquittal of Aasia Bibi by the Supreme
Court at the end of October, the TLP once again brought the country
virtually to a standstill for three days—rickshaws, cars and lorries were
burnt, traffic jams held up ambulances, and authorities shut most
schools. The anti-blasphemy campaigners were depicted hitting and
throwing shoes at posters of Pakistan’s chief justice and the new prime
minister. During the violent protests, one TLP leader called for mutiny
against the military chief and the murder of the judges who acquitted
Aasia Bibi.
The protests ended after the government agreed not to release Aasia Bibi
and to place her name on the Exit Control List pending a judicial review.
However, in the weeks that followed, a massive crackdown was
launched and scores of protestors were detained under Section III of the
Maintenance of Public Order (MPO) Ordinance. The leader of the TLP
was placed in ‘protective custody’.
A call for protests in Islamabad and Rawalpindi on 25 November was
withdrawn after the authorities took pre-emptive action including,
according to reports, heavy advance deployment and discouragement of
support for the protesters. Steps were also taken to prevent anyone from
Islamabad from travelling to proposed protest venues. Scuffles that
broke out were swiftly quelled by riot police supported by Rangers.
The Information Minister is reported to have said the government was
preparing a comprehensive strategy to prevent violent protests on the
road and hate speech on sensitive religious issues and to ensure that
people’s lives and properties were protected.
Counting the cost
Otherwise peaceful protests that block roads and disrupt the free
movement of citizens inevitably have an impact on everyday life. Traffic
jams impede travel to and from work and schools, and affect businesses,
vendors and those on daily wages.

Protests and demonstrations that are either intended to violate the law
or escalate into violence with heightened emotions have more far-
reaching effects, endangering lives and causing damage to property for
which citizens normally cannot hope for compensation. On 6 November
the Lahore High Court (LHC) dismissed a petition seeking compensation
for the damage caused to public property during the protests by the
TLP, deeming it non-maintainable.
The petition held that the federal and provincial governments were
responsible for the protection of people’s lives and property and they
should pay compensation to the citizens.
The same day, the Chief Justice of Pakistan (CJP) took suo motu notice of
the losses caused by the riots during the three-day protests. He directed
the federal and provincial governments to submit within three days
reports on the losses and steps taken to compensate victims of these
riots.
On 8 November, it was reported that the Prime Minister had directed the
Punjab government to prepare a compensation package for the people
whose properties were damaged during the protests by ‘miscreants’.
Terrorism and freedom of assembly
There were several incidents of terrorist attacks on places where people
had congregated for one purpose or another:
• In April, a terrorist attack as people were leaving a church in Quetta
left two dead and five injured.
• In July, over 130 people were killed and 180 injured in two separate
terrorist attacks during election-related rallies in Balochistan and
Khyber Pakhtunkhwa.
• Later in July, 31 people were killed in a bomb blast at a polling
station in Quetta.
• Around 15 people were injured by a grenade attack as they were
celebrating Independence Day in the Nushki town of Balochistan.
The use and abuse of freedom
The right to peaceful assembly is jeopardised when protestors turn
violent and provoke police intervention. When feelings run high—
protestors are determined to get their point across and law enforcement
officials are either ill-equipped to deal with the situation or fearful of
their own or the public’s safety—confrontations are often inevitable.
Riots broke out in Kasur in January as residents protested against
perceived police inaction over the rape and murder of a 6-year-old girl.
Two people were reportedly killed by gunshot wounds as enraged
protesters armed with sticks and stones attempted to storm the deputy

commissioner’s office and clashed with police. At least two others
sustained bullet injuries.
Following the rape and murder of a six-year-old girl in Karachi in April,
relatives and area residents placed the body of the girl on Orangi Road
in protest but the situation turned violent with demonstrators pelting
police and nearby vehicles with stones. Police resorted to firing and
teargas to disperse the protesters and two people were injured. A man
later died. Ten police personnel were reportedly also injured in the
incident. The situation was brought under control when Rangers were
deployed.
In May, 40 people were booked for staging a protest against the Kotwali
police in Jhang over a death in custody.
Also in May, dozens of protesters were injured during a clash with
police in Gilgit over GB reforms. The protestors were heading towards
the Assembly building for a sit-in and the police blocked the roads. The
police resorted to teargas to disperse the protestors who were reportedly
hurling stones at them.
Protests were held against the Gilgit-Baltistan reforms announced in May
The legal fraternity were again in the news as they staged protests that
descended into mayhem. In May, scores of lawyers in Faisalabad reacted
to the registration of a terrorism case against 30 colleagues by attacking
the office of the City Police Officer, pelting its main building with stones,
thrashing policemen and visitors, damaging vehicles and staging a sit-in
that brought traffic to a halt. The aforesaid 30 lawyers had allegedly
thrashed SHO and his subordinates when they produced an accused,
the brother of a lawyer, in court.

In October, members of the Lahore Bar Association (LBA) locked the
entrance gates of the sessions court for hours as a protest against a suo
motu notice taken by Chief Justice of Pakistan over the manhandling of
a policeman by lawyers.
The protests by lawyers for the establishment of the Lahore High Court
benches in five more cities of the province received much media attention
and the Information Minister promised strict action against their rowdy
behaviour.
In December, the All Pakistan Bar Councils Inter-Provincial Committee
announced a nationwide strike from the 17th in support of the demand of
the Punjab Bar Council. Lawyers on 21 December locked down the
district courts and ‘detained’ judges of the subordinate judiciary in
protest against the demolition of some of their chambers. The Capital
Development Authority (CDA) had removed 21 lawyers’ chambers
illegally constructed on the footpath and in the emergency exit of the
district courts. In retaliation, lawyers declared the district courts a no-go
area and also shut down a block housing 20 courtrooms.
The heavy hand of the law
One of the recommendations in the 2017 HRCP annual report was for
law enforcement agencies to be given specialised training in crowd
management to deal with demonstrations, rallies and protests,
particularly the avoidance of disproportionate force.
In March 2018, the Lahore High Court issued a notice to the Punjab
government and police for using force against visually-impaired
protestors. The protest was a continuation of several demonstrations
against the Punjab government’s failure to provide persons with
disabilities (PWDs) with jobs and salaries.
According to the petition that initiated the notice, a group of visually-
impaired people were marching towards the Punjab chief minister’s
house and the police allegedly baton-charged the protesters to prevent
them from reaching their destination, leaving several demonstrators
‘badly injured’. The judge who heard the case asked the defence whether
the police had any other modern technique of maintaining law and order
that did not entail beating people.
In April, the Chief Justice took suo moto notice of police action against
protesting local and foreign journalists, and members of various
associations who wanted to present a charter of demands to Parliament.
The protestors were marching to mark the International Press Freedom
Day. According to the police, they attempted to break the police cordon
preventing them from reaching Parliament. The Chief Justice held that
the journalists’ protest was peaceful, and that it was inappropriate to use
force against women and peaceful protesters.

Women protesters were manhandled by law enforcement agencies in Karachi at a gathering of
families of the forcibly disappeared
In May, at a gathering of families of the forcibly disappeared, women

protesters were manhandled by law enforcement agencies in Karachi.
Throughout the year, there were reports of clashes between police and
protestors.
Right to enjoyment
Valentine’s Day celebrations were banned across Pakistan for a second
year in a row. The Pakistan Electronic Media Regulatory Authority
(PEMRA) announced the ban on 7 February, in compliance with an
order from the Islamabad High Court issued the previous year.
It was announced in December that the Punjab government had to lift
the 12-year-old ban on the Basant (kite-flying) festival celebrations in
February, on the basis that it was an economic activity and promoted
tourism.
Recommendations
• Create platforms to address the concerns of citizens and bodies to
carry out reforms. Many of the protests held during the year
demonstrated the people’s justifiable frustration with the very
difficult conditions they have to endure and their perception that
their grievances are not being addressed.
• End the indiscriminate use of Section 144 to restrict the freedom of
peaceful assembly.

• Develop a policy for the future that seeks to alleviate inconvenience
and discomfort to the people in cases where protests need to be
regulated.
• Ensure that law enforcement agencies are given specialised training
in crowd management to deal with demonstrations, rallies and
protests. Above all, the use of disproportionate force must be
avoided.
• Take steps to prevent the proliferation of an environment in which
intolerance and extremism seriously impact on the freedom of
citizens to engage in all forms of socio-cultural activities.

Freedom of Association
Every citizen shall have the right to form associations or unions, subject to any
reasonable restrictions imposed by law in the interest of sovereignty or integrity of
Pakistan, public order or morality.
Constitution of Pakistan, Article 17
Everyone has the right to freedom of peaceful …association. No one may be com-
pelled to belong to an association.
Article 20(1,20)
Everyone shall have the right to freedom of association with others, including the
right to form and join trade unions for the protection of his interests.
ICCPR
Article 22
Workers and employers, without distinction whatsoever, shall have the right to
establish and, subject only to the rules of the organisation concerned, to join organ-
isations of their own choosing without previous authorisation.
ILO Convention 87
Article 2
Workers shall enjoy adequate protection against acts of anti-union discrimination
in respect of their employment.
ILO Convention 98
Article 1
Shrinking spaces and freedoms in Pakistan have defined 2018. The

promise of the third consecutive democratic transition of power in the
country, a milestone achieved on the basis of the struggles of political
parties, workers, students and civil society, fell depressingly short of
delivering emancipatory potential. The year began with the use of
terrorism laws against protesting students at the Punjab University, and
newspapers reported that 196 students of the university were presented
before an anti-terrorism court in Lahore.
The incident follows a trajectory of indiscriminate misuse of terrorism
laws. Only last year, leaders of the Railway Drivers Association were
booked under terrorism laws for holding a strike, and it was reported in
the media that the FIR registered against them mentioned that their
protest attempted to undermine Pakistan and China’s friendship and
Freedom of Association 147

derail the CPEC. This frightening trend has continued with increased
ferocity in 2018 as laws denying freedom of movement, free speech and
association were extended to political parties, student groups, labour
unions, local and international non-government organisations, social
movements and protesters.
Pakistan received Generalised System of Preferences (GSP) Plus status
in 2014, which was contingent on its compliance with 27 core conventions
of human rights and labour policies. The core labour policies relate to
areas of freedom of association, recognition of the right of collective
bargaining, elimination of bonded labour and child labour, and
discrimination in respect of employment and occupation
The overall crackdown on freedoms accompanies worsening social,
economic and political inequalities in the country. Despite being one of
the most heavily legislated subjects in the Constitution, labour remained
one of the most neglected segments of the population. The implementation
of regulations and laws protecting workers’ rights remains a distant
dream as the increasing neo-liberal economic policies of the government
have ensured that the traditional platform for collective bargaining and
protection of rights, the trade unions, are disempowered. As a result of
anti-union practices and legal restrictions, trade union density dropped
to 5.5% in 2017, according to the Danish Trade Council for International
Development and Cooperation (Labour Market profile 2018, Pakistan).
The inalienable right of freedom of association has seen massive curbs
over the past year. In some cases, the right has been extended selectively
to groups involved in hate speech and incitement to violence. As a result,
the situation appears bleak and the prevailing conditions detrimental to
democracy and democratic principles.
Trade Unions
As of March 2018, Pakistan has ratified 36 International Labour
Organisation (ILO) Conventions, which include eight fundamental
conventions to improve compliance and reporting, as well as the C144 -
Tripartite Consultation (International Labour Standards) Convention,
1976 (No. 144). As a result, the country is expected to uphold principles
in line with ILO’s C87 - Freedom of Association and Protection of the
Right to Organise Convention, 1948 (No. 87) and C98 - Right to Organise
and Collective Bargaining Convention, 1949 (No. 98). Following the 18th
Amendment, labour as a legislative subject was devolved to the
provinces. The rights enshrined in international conventions are
expected to be reflected in the provincial legislation.
According to ILO data, the country’s workforce is estimated to be 61
million and there are 7,096 registered trade unions in public and private
sector organisations, 1,390 of which are collective bargaining agents

(CBA). The total membership of the unionised workforce is 1,414,160.
Various reports suggest that non-CBA unions tend to disband after
losing elections and most of their members join the CBA unions. Trade
union activity is seen to become animated only around the elections
after which it fizzles out and stays dormant till the next election. This is
due to a variety of reasons including restrictions and barriers on union
activities such as barriers to setting up unions, categories of workers (for
example contractual labour) prohibited from joining unions, limitations
on certain types of strikes, and use of police violence and threat of
dismissal in the case of strikes in certain sectors.
GlaxoSmithKline (GSK) workers protest sackings and contractual employment in Karachi
Employees in most private sector organisations remain unable to form

their own unions because legal loopholes allow employers to register
‘yellow’ unions that are unrepresentative of workers’ aspirations and
are dominated by the employer. Instead of providing a platform for
collective bargaining, such unions become tools for ‘weeding out’
workers looking to unionise. This allows for certain perceptions to take
root among workers: the law and the state are not on their side but
always side with the powerful, and secondly, unions have lost their
effectiveness after their heyday in the 70s and are hence not representative
of or helpful to workers. This is reflected in the mushrooming of
associations in public sector organisations, parallel to traditional union
formations.
While implementation of labour rights remains poor at best, provincial
governments have been quick to implement laws declaring certain

strikes and picketing illegal. On 9 December, Karachi police baton
charged and used water cannons to stop Port Qasim dock workers from
protesting in front of Governor House. In certain provinces, the law
requires police authorisation for assembly of four or more people, which
extends to union strikes and demonstrations.
Moreover, a vast majority of workers in Pakistan do not have the right to
unionise because they are either employed in the informal sector and are
thus not regulated, or in most cases are not recognised as labour, or they
are hired through third-party contractors (despite Supreme Court
rulings [vs Fauji Fertiliser 2013 and Pakistan State Oil 2017] which extend
the rights of permanent employment, collective bargaining and decent
work to all employees, the rulings are not reflected in legislation and
have not been implemented).
Even though the agricultural sector covers 42.27% of the total
employment, the sector is not recognised as an industry in the Punjab
and Khyber Pakhtunkhwa and so those employed in it do not have the
right to unionise. The Balochistan Industrial Relations Act 2010 and the
Sindh Industrial Relations Act 2013 have extended agricultural and
fisheries workers recognition as labour and thus the right to unionise.
Sindh also led the move to extend home-based workers, who are mostly
women, recognition as labour by passing the Home-Based Workers Act
2018. Punjab announced its Labour Policy 2018 in December, which
includes a Domestic Workers Policy and a Home-Based Workers Policy.
These policies are a welcome move but the Home-Based Workers Bill
has been tabled in the Punjab Assembly before without success, while
even the implementation of previous laws pertaining to bonded labour,
workplace safety, and child labour were poor at best.
The Human Cost
In November, the NTUF held a rally to mark the second anniversary of
the Gadani shipbreaking yard tragedy in which 29 workers died after
the oil tanker they were working on caught fire. At the rally, a leader of
the Shipbreaking Workers Union Gadani claimed that the ship-yard
owners had registered a ‘yellow’ union formed by a labour contractor
who forcibly collected contributions from workers and there had not
been a referendum to elect a collective bargaining agent in 50 years.
There is no formal written contract for the workers and none of them are
covered under the social security system. They are paid less than the
statutory minimum wage and forced to work long hours. The precarious
nature of their work necessitates stringent measures to protect their
safety yet, once again, in July this year four workers were trapped inside
a cargo ship that caught fire at the ship-breaking yard.
In September, the Supreme Court was asked to order an inquiry into the

deaths of 318 coal miners in 45 incidents of painful death between 2010
and 2018. Employment in coal mines is through contractors and
subcontractors with discrimination against union members.
Unions held a day of protest on 28 September against continuing deaths in coal mines. Many
miners are insufficiently organised and lack union representation.
Women in the workplace

According to an IMF report, women constitute 28% of the workforce.
Since there has been no major formalisation of the labour market, almost
80% of the Pakistani women on the labour market are in vulnerable
employment. The participation and representation of women in nearly
all trade unions in the country is negligible. Existing unions must open
up spaces for women in their ranks and democratise their working.
However, if provincial governments expedite their work to extend the
right to unionise to home-based workers and domestic workers, this
trend may change for the better. It will also grant them access to the
Employees Social Security Institution, the Employees Old Age Benefit
Institution, the Workers Welfare Board, and other such workers’ welfare
organisations.
Student unions and collectives
On 30 November, hundreds of students from public and private
universities across the country participated in the Students Solidarity
March organised by the Progressive Students Collective, the Progressive
Youth Alliance and the Progressive Students Federation, among others.
They held rallies in Islamabad, Quetta, Karachi, Gilgit-Baltistan,

Hyderabad, Jamshoro, Khairpur, Kotli (Azad Kashmir) and Multan to
demand the restoration of student unions and representation in decision-
making bodies on campuses.
Clashes on the Punjab University campus resulted in the arrest of over 200 students.
In January, clashes erupted on the Punjab University campus after the

Islami Jamiat Talaba (IJT) heckled Pashtun and Baloch students at their
Culture Celebration Day. The police arrested over 200 students and
registered terrorism cases against them. It was only after hundreds of
students protested against the police that the charges were dropped. In
May, the Minhaj University in Lahore expelled more than 300 women
from its hostel because one or a few of them leaked a video of the
Pakistan Awami Tehreek (PAT) Secretary General being aggressive with
the women who had asked for permission to go out for Iftar. These are
only some of the many incidents of students agitating against university
highhandedness and being treated as criminals for demanding their
rights.
If the ban on student unions is lifted, the space to press for such demands
could become more democratised and systematic. (See also Education)
Crackdown on civil society and NGOs
The Securities and Exchange Commission of Pakistan (SECP) cancelled
the registration of 3,000 NGOs and non-profit organisations (NPOs)
during 2017-18 on the pretext that their accounts ware suspected of
being misused for money laundering. This was done in order to comply
with the 40 recommendations set by the Financial Action Task Force
(FATF) to curb terror financing and money laundering in Pakistan. In
June, the FATF had placed Pakistan on its terror financing watch list.

Towards the end of last year, over 30 INGOs and NGOs had been asked
to wind up their operations and leave the country. The crackdown only
intensified this year. As many as 18 international NGOs were ordered to
wind up and leave the country by 30 November. In the first half of the
year, 18 INGOs were refused registration. In October, envoys of the
United States, Canada, Japan, Australia, Norway, and Switzerland, as
well as the ambassador for the European Union, wrote to the Ministry of
Interior and the prime minister expressing concern over the crackdown
against INGOs. The orders were not rescinded.
The mushrooming of NGOs in Pakistan coincides with the state’s
structural adjustment policies that necessitated a rollback from provision
of social services to the population. The lack of social services opened up
the space for an exponential growth of the non-profit sector and NGOs
in Pakistan. After working unimpeded for nearly three decades now, the
space these organisations occupied have become central to the wellbeing
and livelihood of millions of people across the country. This is why the
ongoing crackdown against INGOs, NGOs and the civil society at large
is counterproductive and will have far-reaching ramifications for
vulnerable communities.
The explanations circulating for this crackdown range from conspiratorial
tales about ‘foreign-hands’ and ‘foreign-funding’ meant to destabilise
Pakistan, to terror financing and passing the blame for not being able to
catch Osama Bin Laden onto the NGO that financed the vaccination
drive that made it possible for the US to identify him. None of these
explanations hold merit. They need to be viewed in the larger context of
an overall crackdown on progressive and pro-people movements and
organisations in the country.
Social movements and political affiliations
In May this year, Karachi’s Manghopir police registered cases against
over 150 workers of the Pashtun Tahafuz Movement (PTM) under
Sections 124-A (sedition), 125 (waging war against any power in alliance
with Pakistan), 500 (punishment for defamation), 505 (statements
conducing to public mischief), 149 (every member of unlawful assembly
guilty of offence committed in prosecution of common object), 148
(rioting, armed with deadly weapon) and 7-ATA (Anti-Terrorism Act of
1997).
This was one of dozens of cases of terrorism and charges of treason that
were invoked against members and supporters of the PTM ahead of
their rallies planned in Bannu, Swat, Lahore, Peshawar and so on, all
year round. The movement was sparked by the extrajudicial murder of
Naqeebullah Mehsud, an owner of a clothes shop and an aspiring model,
on 13 January 2018. The PTM’s rallies were met with a draconian

response from the state. Dozens of student supporters across the country
were picked up by intelligence agencies, communities were issued
warnings of dire consequences if they attended the PTM rallies and the
police took hundreds of supporters into custody. The names of the
leaders and prominent supporters of the movement were placed on the
Exit Control List, even though two of them are elected members of
Parliament.
But the crackdown was not only limited to social movements. Leaders of
the Pakistan Muslim League-Nawaz (PML-N) also found themselves
charged with terrorism after they held a rally in Lahore in support of
former prime minister Nawaz Sharif when he was returning to the
country to be taken into custody. Cases were registered against nearly
1,500 PML-N workers.
The skewed logic of accountability being pursued by the state has now
been extended to the Pakistan People’s Party and the names of its
leaders, former president Asif Ali Zardari and PPP chairperson Bilawal
Bhutto Zardari, have been placed on the Exit Control List.
Following the violent protests in the aftermath of Aasia Bibi’s acquittal,
the state also cracked down on the Tehreek-i-Labbaik Pakistan (TLP).
According to reports from various journalists, known supporters have
had to sign written affidavits stating that they had nothing to do with
the organisation to avoid being arrested.
None of these actions would have required the measures that were taken
if law and order functioned as it should in a democratic country. In
earlier protests carried out by the TLP, the state handed out cheques to
the protesters. This selective application of extreme measures is a sign of
a complete breakdown of the democratic process in the country, and
does not bode well for any movements, unions, or political organisations.
Recommendations
• Restore student unions.
• Expedite work on laws pertaining to Home-Based Workers and
Domestic Workers.
• Strengthen trade unions and curtail police action against striking
workers.
• Open up space for civil society and NGOs and restore the jobs of
thousands of workers.
• Allow unions and movements to operate without political or state
interference.

IV
Democratic
Development
Democratic Development
Political Participation
…the state shall exercise its powers and authority through the chosen representatives
of the people…
Preamble
…the principles of democracy, freedom, equality, tolerance and social justice, as

enunciated by Islam, shall be fully observed…
Preamble
…fundamental rights [shall be guaranteed] subject to law and public morality…
Preamble
The state shall encourage local government institutions composed of elected
representatives of the areas concerned and within such institutions special
representation will be given to peasants, workers and women.
Article 32
…it is essential, if man is not to be compelled to have recourse, as a last resort, to
rebellion against tyranny and oppression, that human rights should be protected
by the rule of law…
Preamble
All human beings are born free and equal in dignity and rights. They are endowed
with reason and conscience and should act towards one another in a spirit of
brotherhood.
Article 1
(1) Everyone has the right to take part in the government of his country, directly or
through freely chosen representatives.
(2) Everyone has the right of equal access to public service in his country.
(3) The will of the people shall be the basis of the authority of government; this will
shall be expressed in periodic and genuine elections which shall be by universal
and equal suffrage and shall be held by secret vote or by equivalent free voting
procedures.
Article 21
Every citizen shall have the right and the opportunity, without any of the
distinctions mentioned in article 2 and without unreasonable restrictions:
(a) To take part in the conduct of public affairs, directly or through freely chosen
representatives;
Political Participation 157

(b) To vote and to be elected at genuine periodic elections which shall be by
universal and equal suffrage and shall be held by secret ballot, guaranteeing the free
expression of the will of the electors;
(c) To have access, on general terms of equality, to public service in his country.
International Covenant on Civil and Political Rights
Article 25
States Parties shall take all appropriate measures to eliminate discrimination
against women in the political and public life of the country and, in particular,
shall ensure to women, on equal terms with men, the right:
(a) To vote in all elections and public referenda and to be eligible for election to all
publicly elected bodies;
(b) To participate in the formulation of government policy and the implementation
thereof and to hold public office and perform all public functions at all levels of
government;
(c) To participate in non-governmental organisations and associations concerned
with the public and political life of the country.
Convention on the Elimination of
All Forms of Discrimination against Women
Article 7
Return to guided democracy

The year 2018 marked Pakistan’s reversion to a system resembling guided
democracy. After the general election in July Imran Khan’s Pakistan
Tehreek-e-Insaf (PTI) took control of the centre and the provinces of
Punjab and Khyber Pakhtunkhwa (KP). The two mainstream political
parties that had alternated in power during the post-Zia period, Pakistan
Muslim League-Nawaz (PML-N) and Pakistan People’s Party (PPP),
suffered a decline and betrayed their critical weaknesses.
The older religio-political parties (JUI and JI) also suffered a loss of power
and influence while a new and more militant group that had emerged in
2017, Tehreek-e-Labbaik Ya Rasool Allah (or simply Tehreek-e-Labbaik
Pakistan, TLP), surprised all observers by its performance in the general
election and made its presence felt in the subsequent months, until it
took a stumble on the last day of October and appeared to be in the dock
for that. And women had the satisfaction of getting the election to an
assembly seat cancelled because of their lower than stipulated turnout.
A new and a different kind of political formation, describing itself as the
Pashtun Tahafuz Movement (PTM), taxed the establishment’s capacity
to deal fairly with dissent.
Run-up to elections
The PML-N government headed by Shahid Khaqan Abbasi, formed
after the ouster of Nawaz Sharif from power, staggered along until its

term expired in May. However, the contours of the shape of things to
come started emerging a couple of months earlier.
All eyes throughout the first two months of the year were on the election
of new members of the Senate, half of its total strength, that was due in
March. Since the PML-N was poised to gain control of the upper house
too, and this for at least three years, doubts were openly raised in the
media as to whether this election would be held at all. These doubts were
proved to be baseless but the circumstances under which the election
was held added a new whodunnit drama to the country’s history.
There was a revolt in the ruling assembly party in Balochistan—the
PML-N—and, faced with defeat on a no-confidence vote, the provincial
government resigned. The rebel MPAs formed a new government and
later unfurled the banner of a new organisation—the Balochistan Awami
Party (BAP).
As a result PML-N was deprived of the seats in the Senate it was hoping
to win from Balochistan. This party also faced a temporary difficulty
when it was told its nominees for Senate seats from the Punjab and
elsewhere could not contest election on the party ticket as they had been
nominated by Muhammad Nawaz Sharif, who had been disqualified
from holding the party leader’s office. They were allowed to join the
electoral race as independent candidates and they could join the PML-N
ranks after getting elected.
When the time to elect a new chairman of the Senate came, PTI and
PPP got together in a marriage of convenience to defeat the nominee of
PML-N, the largest single group in the house. Under the slogan of giving
the Senate chairmanship to a smaller (than Punjab and Sindh) province
they threw their lot behind the BAP nominee, Sadiq Sanjrani, and he was
elected chairman.
The PPP got its candidate, Saleem Mandviwala, elected deputy chairman
into the bargain. He had earlier been put up by the party leader, Asif Ali
Zardari, as a candidate for the Senate chairmanship in preference to a
senior party member and outgoing chairman, Raza Rabbani. The latter
might have won easily as he was acceptable to PML-N as well.
During the manoeuvres about the Senate elections Zardari was initially
given much credit for pulling the strings but he was obviously no match
for the superior strategists in the arena.
The installation of caretaker governments this time around was no easier
than in 2013. Considerable confusion was caused in the Punjab by PTI’s
difficulty in choosing its nominee for chief ministership. Former Supreme
Court chief justice Nasirul Mulk became the caretaker prime minister
and a retired civil servant, Fazalur Rahman, was named as the caretaker
chief minister of Sindh through the regular parliamentary process. But

the caretaker chief ministers of KP, Balochistan, and Punjab—Justice (R)
Dost Mohammad Khan, Allauddin Marri, and Dr Hasan Askari Rizvi,
respectively—were chosen by the Election Commission.
Pre-poll scenario
The elections to the National and four Provincial Assemblies held on July
25 were an unusually messy affair and HRCP described it as the dirtiest,
thoroughly micromanaged, and most intensively fought exercise in the
country’s history before the first vote was cast.
A group of PML-N MNAs in the outgoing National Assembly belonging
to the south-western region of Punjab deserted the party. They formed
a bloc to agitate for grouping the southern districts of Punjab into a new
province, a move the PPP had made a few years earlier and had failed to
carry any further. Soon afterwards the members of the group arrived at
the house of PTI head Imran Khan, where they were received with open
arms and PTI adopted the creation of a South Punjab province as one of
its objectives.
Shortly afterwards eleven candidates who had secured PML-N tickets
surrendered them and the party had difficulties in finding replacements.
Some of this was not unexpected as PML-N was perceived as a party in
deep trouble but the scale of desertions was surprising.
Many candidates from PML-N and PPP crossed over to the PTI camp days before the election

According to media reports, no less than 161 former PML-N legislators
defected from the party. There were reports from across the country,
especially from all parts of the Punjab, of efforts by farsighted officials
to inform PML-N supporters of the futility of clinging to a lost cause.
These defections and what had happened in Balochistan a few months
earlier reminded political observers of an event in the 1950s, when most
of the members of the ruling Muslim League party in the West Pakistan
Assembly rechristened themselves overnight as the Republican Party
and were catapulted into power at the centre as well. Thus PML-N
joined the electoral race under a heavy handicap.
The other mainstream party, PPP, was similarly affected. A few of its
veteran fighters crossed over to the PTI camp. At the same time the
various opposition groups in Sindh found the environment conducive to
the formation of a joint front, Grand Democratic Alliance (GDA), against
the PPP.
The Muttahida Qaumi Movement (MQM), which for many years had
been the third largest party in the National Assembly and a strong
opposition party in the Sindh Assembly, had destroyed itself in a
fratricidal conflict. The older religious parties, led by Jamiat Ulema-e-
Islam-F (JUI-F) and Jamaat Islami (JI), found the going getting tough
and decided to revive their electoral alliance of the 1990s—Muttahida
Majlis-e-Amal (MMA).
The only parties that faced the challenge of the polls without fear were
PTI and its allies, PML-Q and Sheikh Rashidi’s AML—and Imran Khan
outpaced his rivals with a frenzied, no holds barred campaign—and
TLP whose leaders were confident that their Faizabad dharna of 2017
had opened up to them the high road to power.
The pre-poll environment manifestly did not offer a level playing field
to all parties. This assessment by national organisations HRCP and
PILDAT was endorsed by the European election observers’ mission, its
desire not to ruffle the Pakistan authorities’ feathers notwithstanding.
Shortly before the polling day the Election Commission of Pakistan
released the final list of voters. The total number of voters in the country
was put at 105.0955 million, 23 percent higher than in 2013. The male
voters accounted for 55.9 percent of the voters while females constituted
44.1 percent, and the gap was too large to be accepted as correct. Young
voters numbered 46 million. The votes of minority communities had
risen by 30 percent since the preceding general election.
This election revealed a further decline in the importance political
parties attached to their manifestos. While MMA, TLP and PPP released
their manifestos in the month of June, PML-N, PTI and MQM did so
in July, and the last two parties disclosed their manifestos less than a

fortnight before the polling day. There was no time for public debate
on these manifestos, nor was this apparently intended, and manifestos
were reduced to an unnecessary chore to be carried out by the party’s
‘backroom boys’ or hired helpers.
The process of selecting candidates for party tickets this time around
displayed new features. All parties, PTI perhaps more than others, were
looking for electable figures. The electability of a candidate, especially
his capacity to spend big money, has always been one of the grounds,
in addition to his baradari, for granting him a party ticket. But the hunt
for electables was carried out with such great fervour and in utter
disregard for one’s qualifications and suitability for an elective office
that the criteria for selecting good candidates seemed to have suffered
considerable derogation.
Election-related violence
There were genuine fears of violence during the electoral process
though no significant group had issued a clear threat. Yet there was no
room for complacency in view of the hostility of religious extremists to
any democratic activity.
When ANP’s candidate for a KP assembly seat, Haroon Bilour, was
killed along with 12 others in a suicide bombing attack in Peshawar
about a fortnight before the polling day, the administration’s anxieties
increased. Soon afterwards a large gathering in Mastung (Balochistan)
came under a bomb attack and a prominent and well-connected
candidate for a seat in the provincial assembly, Siraj Raisani, was killed
along with 127 other victims. This proved to be the worst terrorist attack
during the 2018 elections. On the eve of the election another KP assembly
candidate, Ikramullah Gandapur, was killed in D. I. Khan and for this
Tehreek Taliban Pakistan (TTP) owned responsibility. The authorities
were relieved that the number of terrorist attacks during election 2018
was much below the 2013 figure of 148 incidents.
Military mobilisation
The terrorists might have been deterred from carrying out their plans
by the mobilisation of a several hundred thousand strong army force
that began its involvement with the general election in accepting the
responsibility of overseeing the supply of poll material to polling stations
throughout the country. The troops took control of polling stations on 23
July, two days before the polling day.
These security arrangements won public approval but when army men
entered polling stations and polling booths, reportedly to guide the
voters and keep the queues in order, the poll watchers, democratic-
minded citizens, and candidates had reason to protest against this
obvious breach of a universally accepted requirement that security

Haroon Bilour (ANP), was killed along with 12 others in a suicide bombing attack in Peshawar
forces should stay a reasonable distance away from the polling booths.
Polling on the Election Day was by and large peaceful. The ECP made
a good gesture by accepting a PTI plea for increasing the voting period
by one hour. However, the situation took an ominous turn towards the
close of voting time. Since a large number of people were still waiting in
queues as the time to close the voting drew near, PML-N requested for
a short extension of the voting time but ECP rejected the plea and only
allowed the voters who had entered the polling station before the time
for voting expired to cast their ballots, a direction that was variously
respected by the different batches of the security forces.
Rigging charges
What happened after the close of polling had no precedent in Pakistan’s
election history. The security forces assumed control of the polling
stations and told all polling agents to leave their posts and come back an
hour later. This activity laid the foundation of doubts about the fairness
of the election.
Some other happenings that strengthened these doubts were the
delays in announcement of results, and the discontinuation of ECP’s
prized system of rapid transmission of the vote count figures from all
polling stations to the ECP control room and the immediate release of
consolidated results. It was said that the system had collapsed. NADRA,
the agency responsible for operating the system, contested this view and
asserted that the system did not collapse; rather its use was discontinued.

Armed with all these complaints the losing parties and a number of
concerned groups and individuals asserted that the elections had been
massively rigged. However, the main losers, that is PML-N and PPP,
declined to support JUI chief Maulana Fazlur Rahman’s plea for a
boycott of the newly-elected assemblies and agitation to get the whole
election set aside.
Eventually it was decided to move forward and pursue the grievance
about election rigging inside the legislatures, Finally, a parliamentary
committee headed by Defence Minister Pervez Khattak was set up to
deal with the matter. Nothing about the committee’s labours is known
and it is doubtful that the case of rigging the elections will reach any
conclusions. The leaders of PML-N and PPP had to fight for their
survival and the tale of rigged elections got more and more remote from
their minds.
In any case the first count of votes for 272 directly filled National
Assembly seats were shared by political parties as given below:
118 64
Pakistan Tehreek-i-Insaf Pakistan Muslim League-N
43 11
Pakistan People’s Party Muttahida Majlis-i-Amal
6 2
Muttahida Qaumi Movement-P Grand Democratic Alliance
4 3
Pakistan Muslim League-Q Balochistan Awami Party
3 1
Balochistan National Party-M Awami Muslim League
12 1
Independent Awami National Party
2 2
Result awaited Election postponed
The party position in the National Assembly changed when independent

candidates joined their favourite parties and elections to seats reserved for

women and minorities had been held. On the completion of these stages
of indirect election of MNAs the ECP declared the final composition of
the National Assembly as under:
158 82 63 15
PTI PML-N PPP MMA
7 5 5 4
MQM PML-Q BAP BNP
3 1 1 1
GDA JWP ANP AML
4
INDEPENDENTS
In the elections to the provincial assemblies, BAP emerged as the single

largest group in the Balochistan assembly; PTI returned to power in KP
with an increased majority in the assembly; and PPP retained its hold
on Sindh with an increased majority in the provincial assembly. PTI
emerged as the largest opposition group, pushing MQM into third place.
In the Punjab PML-N offered PTI tougher resistance than it had in the
election to the National Assembly and in the initial count it won a couple
of seats more than PTI in the provincial assembly. PTI quickly wiped out
its deficit by winning over the independent candidates and was able to
form its government in the Punjab too.
Religious parties
In addition to the older religio-political parties, such as JUI-F, JI and
Majlis Wahdatul Muslimeen, nearly half a dozen new and militant
outfits under religious banners entered the fray. Considerable noise was
made by the media over the participation of some banned (as terrorist)
entries in the elections but in vain.
Jamaat-ud-Dawa, the parent organisation of Lashkar-e-Tayyaba, was
denied registration by the ECP but it claimed to have launched about
200 candidates from the platform of the Allah-o-Akbar party that had
been duly registered with the ECP. It also proudly claimed to have put
up 20 women candidates.
Several other new religious groups with questionable credentials also
found registered parties under whose banners they filed the nomination
papers of their candidates and disclosed this fact on TV. The ECP chose
not to interfere and argued that it could not proceed against a person

suspected of affiliation with a terrorist group if he had taken refuge
with a duly registered party. The question as to what ECP would do
if a registered party was found involved in terrorist activity remained
unanswered.
TLP’s tactics
While most of the new quasi-religious parties failed to attract voters,
Tehreek Labbaik Pakistan (TLP), of the Faizabad dharna fame, made a
strong showing. Apart from winning two seats in the Sindh provincial
assembly from Karachi, it captured third place (after PTI and PML-N)
on the table of parties that had polled the highest number of votes in the
Punjab.
This impressive performance in the electoral field obviously persuaded
TLP to assume an aggressive posture in public affairs. On 31 October it
took the lead in organising countrywide agitation against the Supreme
Court decision to accept Aasia Bibi’s appeal against her conviction for
blasphemy and the awarding of the death sentence. The demonstrators
resorted to violence and wanton destruction of property, mainly cars
and other motorised vehicles, at a number of places.
The TLP leaders tried to deny responsibility for these acts of violence
but it was apparently blamed for some vicious and abusive attacks on
the prime minister and the army chief on social media. This could be
considered as biting the hands that fed the party during the Faizabad sit-
in and facilitated an accord in its favour. A number of TLP leaders and
activists were taken into custody ostensibly for trial on criminal charges
but no court proceedings have as yet been reported.
The new provision in the Election Act about nullification of polls in an
area or in a constituency, if the number of ballots cast by women was
less than 10 percent of their registered votes, was tested in this election.
One of the constituencies that failed the test was the Shangla provincial
assembly constituency in KP and there a fresh election was ordered.
The setbacks suffered by two mainstream parties, PML-N and PPP,
were not wholly due to the nature and strength of the forces arrayed
against them; the weaknesses in their party apparatuses and their total
dependence on the supreme leader also contributed to their tribulations.
It seemed the leaders of these parties took the easy path of resigning
to their fate. Their inability to democratically organise their parties not
only added to their own trials, it also arrested the country’s movement
towards democratic consolidation.
The PTM phenomenon
A significant political development during 2018 was the government’s
inability to present a rational response to the rise of the Pashtun Tahafuz

Movement (PTM). The movement grew out of the group the Mehsud
tribe had created for protecting its interests.
When Manzoor Pashteen, an extremely effective orator, took over the
group’s leadership, he decided to voice the grievances of the entire
Pashtun community, especially the Pashtuns living in tribal areas, and
included in their complaints the losses suffered during the war on terror.
The authorities read in PTM demands more than what its leadership had
ever demanded, although a section of the administration and an element
in the security apparatus believed PTM could be fruitfully engaged. Two
prominent leaders of PTM, Ali Wazir and Mohsin Dawar, who wielded
considerable personal influence in their communities, won seats in the
National Assembly in the 2018 general election.
On 12 August 2018 PTM held a large public meeting at Swabi in KP
and the administration overreacted by registering cases on criminal
charges against 19 persons, including PTM leaders and Gulalai Ismail,
an internationally respected human rights activist. That case is still
pending.
Subsequently, Manzoor Pashteen decided to seek support from people
outside the Pashtun belt and KP and planned public meetings at Lahore
and Karachi. The official reaction was reminiscent of the hostile response
to Wali Khan’s attempts to introduce his party in the Punjab in the early
1970s.
While after several hiccups the Lahore meeting was allowed, extremely
crude attempts were made to prevent Manzoor Pashteen from reaching
Karachi. It is possible that some of the points PTM leaders were making
were unpalatable for the powers that be, but by proceeding against them
the administration was only driving them to the wall.
The net to harass PTM was spread so wide as to include anyone who
said hello to its leaders. The various political parties sought safety in
distancing themselves from PTM. The ANP, which has its base in KP,
went to the extent of expelling from its ranks two of its frontline leaders,
former Senator Afrasiab Khattak and former MNA Bushra Gohar.
The two PTM leaders who sit in the National Assembly as independent
members have been targeted unwisely. Their names were put on the
Exit Control List (ECL) but the decision had to be withdrawn. Now it is
a measure of the state of fear in which the politicians have chosen to exist
that the grand opposition in the Parliament is afraid of having any truck
with MNAs Ali Wazir and Mohsin Dawar!
FATA merger with KP
Some of the formalities required for carrying out the merger of the
Federally Administered Tribal Area (FATA) with Khyber Pakhtunkhwa

were completed during 2018.
First of all, the jurisdiction of the Supreme Court and the Peshawar High
Court was extended to FATA. But as the PML-N government headed
by Shahid Khaqan Abbasi neared the competition of its 5-year term it
started doubting whether it had enough time to complete the merger. At
one stage it was reported to have decided to leave this task to the next
government. Soon afterwards, however, it pushed the 25th constitutional
amendment through the parliament to seal the merger plan.
In the last week of May, the KP assembly endorsed FATA’s merger with
KP and the federal government notified the FATA Interim Government
Regulation 2018.
The caretaker government formed after the expiry of the National
Assembly’s term continued the process of the FATA-KP merger. It
replaced political agents in FATA with Deputy Commissioners and set
up task forces to complete the merger formalities.
In September the new government of Prime Minister Imran Khan took
charge of the merger process but it soon had a problem on its hands
when the Peshawar High Court ruled that some of the provisions of the
FATA Interim Government Regulation of 2018 were in conflict with the
Constitution.
Further, the disappearance of FATA as a legal entity did not affect the
operation of the Actions in Aid of Civil Power Regulation and there was
no report that the internment centres set up under it were being wound
up.
A controversial order for Gilgit-Baltistan.
During its last days in office the PML-N government issued on 21 May
the Government of Gilgit Baltistan Order 2018 and claimed to have put
that area at par with the provinces of Pakistan. Public opinion in Gilgit-
Baltistan vehemently repudiated this claim and there were protests in
the territory against what was described as a retrogressive replacement
of the Gilgit-Baltistan (Empowerment and Self-government) Order of
2009.
The Gilgit-Baltistan Supreme Appellate Court struck down the new
order and revived the order of 2009 on 13 July. Three weeks later the
Supreme Court of Pakistan overruled the G-B court’s order. The issue
was carried into 2019.

V
Rights
of the
Disadvantaged
Rights of the Disadvantaged
Women
There shall be no discrimination on the basis of sex.
Nothing in this Article shall prevent the State from making any special provision
for the protection of women and children.
No citizen otherwise qualified for appointment in the service of Pakistan shall be
discriminated against in respect of any such appointment on the ground only of…
sex…
Nothing in clause (1) shall prevent the State from making any special provision for
women and children.
Steps shall be taken to ensure full participation of women in all spheres of national
life.
The state shall protect the marriage, the family, the mother…
Articles 25, 27, 35, 37
All human beings are born free and equal in dignity and rights.
Everyone is entitled to all the rights and freedoms set forth in this Declaration,
without distinction of any kind…
All are equal before the law and are entitled without any discrimination to equal
protection of the law…
Men and women of full age...are entitled to equal rights as to marriage, during
marriage and at its dissolution.
Marriage shall be entered into only with the free and full consent of the intending
spouses.
Everyone has the right of equal access to public service in his country.
Motherhood and childhood are entitled to special care and assistance.
Articles 1, 2, 7, 16, 21(2), 25(2)
Pakistan has been named once again the second worst country in terms
of gender equality in the world by the Global Gender Gap Index 2018,
flanked by Iraq (147) and Yemen (149). The scores are based on economic
participation and opportunity, educational attainment, health and
survival, and political empowerment. Pakistan was said to have made
some good progress in wage equality as well as on the Educational
Attainment sub index. However, this progress was considered
‘insufficiently rapid to avoid the country being overtaken by a number
Women 171
of faster-improving countries at the lower end of the Index’s global
rankings’.
The outlook for women showed little signs of improvement from that
reported in previous years, and the issues that confront women were
illustrated in stark terms in the news throughout the year—most
notably in the cases of domestic and sexual violence that prevail in
such a patriarchal society. When other factors come into play—so-
called ‘honour’ killings, acid attacks, extended family dynamics, social
restrictions on movement and jobs, inequality and abject poverty, forced
and arranged marriages—a grim picture emerges.
Yet there were some positive signs: the record number of women in the
running for NA general seats, reports of higher women turnout during
the elections, the initiatives taken for transgender people, and the first
woman chief justice appointed in a Pakistani high court.
There were reports of higher women turnout during the elections
Legislation
Over the past decade, a raft of legislation has been enacted that focuses
on women’s rights. The fact that so many violent and unlawful practices
persist and continue to escalate illustrates yet again the massive
challenges to implementing the law and changing deeply entrenched
societal attitudes. Significant legislation includes:
• Protection Against Harassment of Women at the Workplace Act

in 2010
• Acid Control and Acid Crime Prevention Act 2011
• Prevention of Anti-Women Practices Act 2011 (to protect
women’s right to inherit property and to prohibit forced
marriages, including to settle disputes.)
• Domestic Violence (Prevention and Protection) Act was only
passed in 2012. The Act prohibits violence in private spaces and
mandates a quick resolution of cases within 90 days.
• Anti-Honour Killing Act 2016
• Anti-Rape Act of 2016
• The Hindu Marriage Act 2017.
The Alternate Dispute Act of 2017 was enacted to reduce the huge
backlog of cases in the courts. It allows informal and traditional ‘courts’
to settle 23 types of civil and criminal disputes, including matters such
as the dissolution of marriage and payment of maintenance, personal
injury, and various disputes over property settlement. These traditional
courts, known locally as panchayats or jirgas, are run by tribal and
community elders primarily in rural areas, and civil society and human
rights activists believe them to be historically detrimental to women’s
rights. There is considerable concern that the lack of safeguards will
undermine any hard-fought for progress made in recent years.
The Council of Islamic Ideology (CII) announced in September 2018 that
the practice of ‘triple talaq’ should be discouraged and men who end
marriage this way should be penalised. The Council further decided
to formulate a divorce deed—’talaq nama’—to be forwarded to clerics
for consent. CII is a constitutional body that advises Parliament on
whether or not a certain law goes against the teachings of Islam. This
discriminatory custom gives men the right to control women’s lives—
often no reasons are given for the verbal divorce—and frequently affects
the wife’s right to a share in property, inheritance, and child custody.
Nevertheless, it was unclear as to whether this pronouncement by the
CII would go through the due process of consultation and legislation for
alternative legal mechanisms.
Laws impacting the religious minority women and girls
The Christian Marriage and Divorce Bill 2017 remained a source of
contention during the year. The Lahore High Court heard an appeal in
October on the restoration of the Christian Divorce Act to its previous
form and sought information on Parliament’s progress with regard to
the legislation. The appellant had challenged the former LHC Chief
Justice’s verdict which allowed Christian men to divorce women for
Women 173
reasons other than adultery.
Women from religious minority communities remained particularly
vulnerable to abuse. According to a report by the Movement for Solidarity
and Peace in Pakistan, at least 1,000 girls belonging to Christian and
Hindu communities are forced to marry Muslim men every year. The
government has done little in the past to stop such forced marriages.
Shortly before the election, the PTI leader Imran Khan pledged to take
effective measures to prevent forced marriages of Hindu girls with
Muslims, saying that he had received complaints from the Hindu
community in Sindh. Most Hindu families in Pakistan live in Sindh
and, according to media reports, some 25 forced marriages take place
every month in the Umerkot district. The Criminal Law (Protection
of Minorities) Bill prohibiting forced conversions was adopted by the
Sindh Assembly in 2016 but sent back for reconsideration by the then
Governor after pressure from the Council of Islamic Ideology (CII) and
religious parties to either withdraw or amend it.
Women and the economy
Closing the gender gap could boost GDP in Pakistan by 30 percent,
according to a report the International Monetary Fund (IMF) released in
June. Quoting empirical data and research statistics, the study—Pursuing
Women’s Economic Empowerment—suggests that ‘educational attainment
correlates positively with female labour force participation’. It cannot be
disputed that women’s empowerment in the labour force would boost
the economy, which could ultimately be measured in rising GDP.
Increasing workforce participation for women aged 20 and over through
greater access to quality education, financial services, and health facilities,
as well as incentive policies to encourage and accommodate women,
would go some way towards achieving this. The report noted that some
advances had been made by linking conditional cash transfers to female
school enrolment through the Benazir Income Support Programme,
but the aim should be inclusion in formal finance—currently denied
to so many—which would open up access to the means to bring about
empowerment.
The Georgetown Institute for Women, Peace and Security Index 2017-
18 ranked Pakistan 150th out of 153 countries. The primary goal of the
index is to accelerate progress on both the international Women, Peace
and Security agenda and the Sustainable Development Goals, bringing
partners together around an agenda for women’s inclusion, justice, and
security.
The lowest ranked included the countries with the worst global scores
on female employment and discriminatory norms. The WPS Index uses
a new measure for discriminatory norms derived from the Gallup World

Poll question that asked respondents whether ‘it is perfectly acceptable
for any woman in your family to have a paid job outside the home if
she wants one’. The extent of male disagreement with this proposition
ranged as high as 73 percent in Pakistan.
Pakistan was also listed among ten countries with entrenched preference
for sons over daughters, leading to prenatal sex selection.
Women and work
Societal barriers to women’s representation and advancement in the
civil service persist, according to a study Gender Equality in Public
Administration jointly released in March by the United Nations
Development Programme (UNDP) and the United Nations Entity for
Gender Equality and the Empowerment of Women (UN Women). The
study suggested that a multi-faceted approach must be devised that
accounts for socio-economic realities to increase women’s access to
decision-making positions in public administration.
Women’s entry into the labour force is dependent on education levels, family and domestic
restrictions, and transport
The study noted that the baseline for gender equality in the labour force
left significant room for improvement. While women’s labour force
participation in Pakistan has increased by more than 50 percent over
the past 15 years, only one out of every five women participates in the
labour force.
A woman’s entry into the labour force in Pakistan is dependent on
Women 175
several socioeconomic and cultural factors—among them education
levels, family and domestic restrictions, transport etc. Pakistan’s labour
laws do not create an enabling working environment for women and
suffer from inconsistencies in the definitions of labour and labour rights,
among other problems, according to a gender audit carried out by
Women’s Action for Better Workplaces.
The report’s findings and recommendations were revealed at an event
in October attended by parliamentarians, political workers, civil society,
and working women from various fields. The laws were analysed
through categories that included freedom of association or freedom to
bargain collectively, wages, occupational safety and health, protection
against sexual harassment in the workplace, equality of work and
opportunities for women, and maternity leave and benefits.
The Peace and Development Foundation, an organisation working on
interfaith harmony and women’s rights, conducted a study to evaluate the
implementation of the 15 percent job quota for women and five percent
job quota for minorities, especially women. The findings of its study,
shared in July, revealed that most of the 327 government departments
did not respond, while a large majority of the 121 departments and
institutions that did respond reported that the job quota was not being
met. There was evidence that, to some extent, the quota system did help
rectify women’s underrepresentation in the public sector but women still
faced many challenges due to the work-life balance as well as cultural
and religious issues.
Despite the many disadvantages faced by women in the formal sector of
employment, they are still at the higher end of the spectrum as compared
to the vast numbers of women working in the informal sector.
Women in agriculture
With almost two-thirds of Pakistan’s population in rural areas, seventy-
five percent of women and girls are employed in the agriculture sector,
according to a Rural Women in Pakistan Status Report 2018, launched in
July by United Nations Women. Sixty percent of their work is being
utilised as unpaid—in family farms and enterprises—while only 19%
are in paid employment.
A college education facilitates entry into formal, paid employment. Only
three percent of rural women have college degrees and 57 percent of
those are engaged as primary teachers at an average wage of Rs16,000
per month. According to the report, the literacy rate of rural women
between the ages of 15-64 years is 35 percent, while in urban areas it is
69 percent. Twenty percent of rural women are classified as own account
workers. Support for microenterprises is still limited to low return skills
and average loans of Rs25,000 per woman.

The report highlighted the launch of the National Financial Inclusion
Strategy which aims to provide easy access to financial services for at
least 50 percent of the adult population and 25 percent of adult women
by 2020. However, few women and especially those in rural areas have
access to such services. The report says, ‘rural women are not prepared
to cope with the changes resulting from urbanisation, climate change,
environmental degradation and shocks, and technological innovations.’
The report concluded that legislation, policy, and activism are required
to address the rights and wellbeing of women agricultural workers, and
emphasised the need for research ranging from the introduction of new
technologies, the value of unpaid care work and the care economy, and
rural women entrepreneurs, to the links between climate change and
rural women, the impact of CPEC, and violence against women.
Seventy-five percent of women and girls are employed in the agriculture sector
Home-based workers (see Labour)

Domestic workers (see also Children and Labour)
The alleged torture of a 20-year-old maid, Anees Bibi, by police in
Gujranwala was reported in January 2018. Her employer, a landlord in
Bhamowali village, had alleged she had stolen some expensive items
from his house. She was arrested and reportedly tortured. An inquiry
committee appointed by the chief minister held the police officials guilty
and recommended action against them.
The son of a former federal minister was arrested in December at the
Women 177
Supreme Court on charges of detaining and abusing his maids, Yasmin
and Saima, over a theft allegation.
The exploitation and abuse of (mostly) female domestic employees—
children number among these to an alarming extent—is an issue
that is rarely brought out into the open. Considered indispensable in
middle and upper class households, these women are nonetheless often
subjected to long working hours, low pay, heavy workloads, no rest, no
holidays and, worst of all, physical abuse. Even the more considerate
employers do not have contracts for their domestic staff, which means
that they are unregistered and unrepresented.
Transgender rights (see also Administration of Justice)
The year 2018 saw progress for transgender rights as the state responded
to campaigns launched by transgender rights activists to improve state-
based facilities as well as enact legislation protecting and enhancing the
rights of transgender persons as citizens. The most significant and far-
reaching step has been the enacting of the Transgender Persons (Protection
of Rights) Act, 2018. The Act acknowledges the right of transgender
people ‘to be recognised as per his or her self-perceived gender identity’,
which has been a great success for the transgender community who
have, over the years, endured allegations of inauthenticity and fraud, as
well as invasive tests and procedures to determine their gender.
The Act also forbids discrimination in employment, housing, education,
health, and harassment; significantly, it specifies harassment ‘both
within and outside the home’, thus enacting protection for transgender
people from their own families. The explicit ensuring of the rights to
assembly and to access public spaces, combined with anti-harassment,
provides legal protections for transgender people in daily public life and
space.
Furthermore, the Act ensures that transgender people have inheritance
rights, the right to vote, to hold public office, and to own property, thus
removing any legal barriers there may have been for transgender people
to acquire wealth and participate in the democratic process of the country.
The Act holds the Federal Ombudsman, the National Commission
for the Status of Women (NCSW), and the National Commission for
Human Rights (NCHR) accountable for attending to complaints filed in
violation of the rights in the Act (in addition to all normal criminal and
civil procedures available to citizens under the law).
The year saw the introduction of a raft of initiatives and recognition for
the transgender community, including the appointment in March of a
transgender person as news anchor on a private television channel, the
opening of a school, The Gender Guardian, in Lahore for their education
and vocational training, as well as an old-age home where free of cost

medical facilities with accommodation would be available. In a first, the
Khyber-Pakhtunkhwa traffic police in March formally granted driving
licences to 30 transgender people as well as giving them driving lessons.
A similar initiative was also started by the Lahore Gender Guardian in
June with a project to teach driving to transgender people in order for
them to work with a ride-hailing service.
In Karachi, around 25 transgender persons were appointed by the Free
and Fair Election Network (FAFEN) as election observers for the first
time. This was an initiative to promote human rights and active electoral
participation for some of the vulnerable groups of society, including
people with disabilities, transgender persons, and women.
Violence against Women, Girls, and Transgender People (see Law and
Order for statistics)
Accurate, verified, nationally collated, and compiled data could not be
obtained from the federal government till this report went to print. Data
obtained informally indicates that reporting mechanisms need to be a lot
stronger if we are to get an accurate picture of gender-based violence.
Pakistan, as a state party to, inter alia, CEDAW and CRC, is obligated
to present true and accurate periodic reports on the state of human
rights—in particular the rights of women, children and minorities—to
the respective UN Commissions. However, the absence of any reliable
statistics makes it hard to hold the state accountable for the reports it
puts out.
The Women, Peace and Security Index 2017-18 said 27 percent of
women in Pakistan experienced ‘intimate partner or domestic violence
in their lifetime’, and only 51 percent believed they were safe in their
communities.
Across categories, women continue to suffer brutal violence. The
overwhelming majority of violent deaths of women were at the hands
of men known to them, most often family members. ‘Honour’ was
cited in murders of women committed by fathers, husbands, brothers,
and in-laws, although further investigations revealed much less lofty
motivations.
Fathers killed their daughters for wishing to exercise greater autonomy
in spousal choice. Sixteen-year-old Sara was gunned down by her
father and uncle in Gujranwala in November when she asked to marry
someone of her choice. The case of Sana Cheema, an Italian national,
made headlines across the world in April. Her family in Gujrat said she
had died from an unspecified illness. Her body was exhumed after an
Italian publication reported that she had been murdered for ‘honour’.
An autopsy report revealed that she had been strangled to death and the
police said her father and brother had confessed to her killing.
Women 179
Authorities exhume body of Sana Cheema after allegations of an ‘honour’ killing
Husbands killed wives for suspected infidelity, claiming in their police

statements that their suspicions were adequate grounds for murder.
Women who exercised or attempted to exercise their own choice in
partners were subjected to confinement, beatings, and life-ending
violence by fathers and brothers. Rejected suitors exacted their revenge
by violently attacking women, often with acid to disfigure the women
they claimed to want to marry.
Asima received 90 percent burns in an acid attack by a spurned suitor in
Sialkot. The 24-year-old later died in hospital. Three University of Gujrat
(UoG) students, two of them sisters, suffered burns in an acid attack
over the refusal of a marriage proposal. The main suspect, maternal
uncle of the sisters, was an official of the Islamabad police and his two
accomplices were reported to be Capital Development Authority (CDA)
staffers. In September, a man threw acid on his wife, her mother, and
their five children in a crowded bazaar in Lahore after she reportedly
left him.
A former Sindh inspector general of police, addressing a seminar held
in Karachi in November titled End violence against women and girls, said
that the Punjab had the highest ‘honour’ related crime rate, while Sindh,
Khyber Pakhtunkhwa (KP) and Balochistan were second, third and
fourth, respectively. He added that 87 percent women and 13 percent of
men in Pakistan were victims of this violence.
Gang rape remains a primary method of panchayats and village elders
to enact ‘justice’ and resolve conflict in their communities. Gang rape

also plagues khawaja sira communities who are made vulnerable by
their marginal position in society and their primary forms of labour—
begging, blessing weddings and funerals, dancing at functions, and sex
work. Technical experts agree that reported cases of rape and gang rape
represent a small percentage of actual incidents. The continued absence
of reporting mechanisms and environments sensitive to the issue
discourages women and trans people from reporting.
In February 2018, the investigation wing of Lahore Police announced
they would establish a new wing/cell to curb gender-based violence
and to provide protection to victims of sexual violence, acknowledging
that cases involving violence against women, especially sexual assault,
were heinous offences and delicate in nature, and expertise was needed
to deal with them expeditiously. It was further acknowledged that the
police were a male dominated force, and a comprehensive plan was
needed to build the capacity of the Lahore police by giving the officers
special training.
This is a long overdue measure. Committed and dedicated
implementation is key to its success and that is where all such initiatives
fall short. Lack of sensitisation and awareness about violence against
women and gender-based issues is an ongoing problem.
Transgender people particularly are subjected to harassment,
humiliation, and violence by the police, including sexual violence. But
cisgender women are not much better off when bringing reports of
sexual offences to the police. Of those that did reach the police, FIRs
were registered and arrests were made in a minority of cases. Very few
led to convictions.
The most reports of assaults, rape, and murder of transgender people
came out of Khyber Pakhtunkhwa. However, the nature of violations
reported from the Punjab and Sindh appear to demonstrate that it is the
rising vigilance of transgender activists in that province that has brought
these violations to light, rather than any marked difference in treatment
in different parts of the country. Anecdotal narratives from within the
community support this opinion.
It is currently very difficult to assess the true state of women’s rights in
Balochistan. Between a media blackout in the form of PEMRA bans on
access to Baloch news sources, and the poor state of the human rights
recording infrastructure in Pakistan’s least developed province, only
rough assessments can be made on what is happening, based on news
reports. In general, the state of human rights Balochistan is abysmal.
Women are caught between traditional patriarchal structures, state
violence, state neglect, and multiple political contentions as they try to
survive in their everyday lives.
Women 181
What scant data exists shows that, like the rest of the country, Balochistan
is also plagued with brutal misogynistic violence, targeting women
and girls alike. Rape, abduction, and murder are commonplace. What
is different in Balochistan is that locals hold the state responsible for
the majority of violence, particularly abduction. As disappearances are
commonplace in Balochistan and state actors are always suspected, but
never brought to light to confirm or deny, the abduction of women is
rolled into the sum of abductions and disappearances. The motivations
for violence against women in Balochistan are likely exacerbated by
political concerns around nationalism, resources management, and
other grievances that the Balochi people have with the state.
Women and the elections
A provision in the Elections Act 2017 required political parties to allocate
at least five percent of tickets to women on general seats of the national
and provincial assemblies. In these elections, there were more women
candidates for general seats than in any past election.
Women political workers across the parties complained that their
involvement in the elections stemmed primarily from a need to fulfil
the set minimum criteria for representation. In addition to the number
of women who were passed over by their parties, there were a few
instances in the run-up to the elections where it was reported that tickets
had actually been taken back from women candidates and given to
men regarded as more likely to win the contest. A scrutiny of the list of
candidates appeared to indicate that the majority of the chosen women
candidates belonged to influential or prominent political families.
According to the ECP rules, the results of polls could be declared void if
the share of women in the total votes cast in a constituency was found to
be less than 10 percent.
In the pre-election period, the gender electoral gap was estimated
to have increased to 12m from 10.97m in 2013. Many women do not
possess a CNIC without which it is impossible to register to vote. The
ECP launched an emergency registration campaign in collaboration
with NADRA and civil society, which may have only been partially
successful due to widespread illiteracy and other impediments such as
resistance from male relatives and local elders.
In the event, the polls in Shangla and North Waziristan were declared null
and void as the women voters were less than 10 percent. In the Shangla
re-poll, the votes for both the main candidates increased, indicating that
the women voters had turned out in force, and the successful candidate
in the first election won again by a much greater margin.
In Upper Dir, where a woman contested one of the general seats for the
first time in its history, the women increased the overall voter turnout

in the district from 25-30 percent to 45-50 percent. This time round, the
political parties were active in encouraging women to cast their votes,
providing training and guidance. Transportation to the polling stations
was also laid on.
In contrast to previous years, there was a high turnout of women voters
in almost all the seven constituencies in Lower Dir, with over 93,000
women in the district exercising their right to vote.
Significantly, the two conservative parties, Jamiat Ulema-i-Islam-
Fazl and Jamaat-i-Islami, previously strongly opposed to women’s
participation in the electoral process in Khyber Pakhtunkhwa, especially
in far-flung areas such as Dir, actively campaigned to encourage women
to cast their vote.
This was the first year that saw transgender candidates after the law
guaranteeing their rights was passed in May. Eleven transgender
individuals in Pakistan ran for a provincial assembly seat, while two
others bid for the national assembly. Authorities removed gender as a
Women 183
criteria for candidates and voters, giving them the right to determine
their own gender identity in all official documents.
In a society where their African ancestry is still discriminated against,
Tanzeela Qambrani became the first Sheedi woman to be elected to
the Sindh Assembly on the PPP’s quota of reserved seats for women.
Another PPP candidate, Krishna Kumari, became the first Hindu Dalit
woman to be elected to the Senate. Ms Kumari is from Tharparkar,
where the women set a record in the 2018 elections with a turnout of
almost 73 percent.
Women and family planning
Much concern was expressed early in the year about the burgeoning
population of the country, currently well over 200m at an annual growth
rate of 2.4 percent. Taking suo motu notice, the Supreme Court in July
constituted a committee to formulate a uniform policy on population
control.
Lady health workers often provide the only access to contraceptives for women in rural areas
Being able to exercise a choice means a woman has more control over her
health and can decide whether to join or stay in the paid labour force.
This can ‘rapidly improve the wellbeing of women and girls, transform
families and accelerate global development’, according to a report issued

in October by the United Nations Population Fund (UNFPA). According
to UNFPA, one in five married women who want to avoid pregnancy
are unable to access effective methods to do so, despite the fact that
it could reduce poverty, save the lives of mothers and babies, and
provide opportunity for economic growth. One newborn out of every
22 in Pakistan dies within the first month, according to a Unicef report
released in February. Widespread poverty, and a lack of understanding
about nutrition during pregnancy, leads to malnourished women
giving birth to small and weak babies with a high risk of succumbing
to otherwise minor illnesses. Another factor is the poor provision of
available obstetric care.
A national dialogue was organised in December by the Population
Council. According to the Country Director, ‘Pakistan loses 12,000
mothers in pregnancy-related causes annually while millions of couples
cope with unwanted births each year in the country.’ The SC’s Task Force
recommendations on Population included ensuring universal access
to family planning and reproductive health services, contraceptive
commodity security, curriculum and training, and the role of religious
scholars. The need for stronger legislation to accelerate the fertility
transition in the country was stressed, as well as a radical approach to
ensuring voluntary family planning services in all public outlets and a
strong policy position in order to achieve the National Vision 2025 and
the Sustainable Development Goals.
Recommendations
• Evolve a consensus in the Christian community on a more
progressive Christian Marriage and Divorce Bill and its early
enactment in Parliament and the provincial Assemblies.
• Increase workforce participation for women aged 20 and over
through greater access to quality education, financial services,
and health facilities, as well as incentive policies to encourage and
accommodate women.
• Start job creation programmes for women, along with adult non-
formal education, and vocational skills training programmes at a
national level, across all provinces and regions.
• Provide easy access to affordable credit for entrepreneurship
programmes for the lowest income women, through the replication
of successful programmes initiated by NGOs/CSOs and public/
private/non-profit development banking.
• Endorse and implement the recommendations of the United Nations
Women report Rural Women in Pakistan Status Report 2018, including
legislation, policy, and research to address the rights and wellbeing
of women agricultural workers.
Women 185
• Establish separate wings/cells to curb gender-based violence and
provide protection to victims of sexual violence. Provide special
training to police to deal with such issues. Provide Women’s Shelters
and Crisis Centres across provinces.
• Develop policy and enact legislation to ensure universal access
to family planning and reproductive health services. Increase
awareness programmes on nutrition and care during pregnancy.

Children
No child below the age of 14 years shall be engaged in any factory or mine or any
other hazardous employment.
Article 11(3)
The state shall make provision for…ensuring that children…are not employed in
vocations unsuited to their age…
Article 37(e)
…childhood is entitled to special care and assistance.
UN Convention on the Rights of the Child
Preamble
In all actions concerning children, whether undertaken by public or private social
welfare institutions, courts of law, administrative authorities or legislative bodies,
the best interests of the child shall be a primary consideration.
Article 3(1)
States Parties recognise the right of the child to the enjoyment of the highest
attainable standard of health and to facilities for the treatment of illness and
rehabilitation of health. States Parties shall strive to ensure that no child is deprived
of his or her right of access to such health care services.
Article 24
The child shall be registered immediately after birth and shall have the right from
birth to a name, the right to acquire a nationality and. as far as possible, the right
to know and be cared for by his or her parents.
Article 7
States Parties recognise the right of the child to be protected from economic
exploitation and from performing any work that is likely to be hazardous or to
interfere with the child’s education, or to be harmful to the child’s health or physical,
mental, spiritual, moral or social development.
Article 32
States Parties undertake to protect the child from all forms of sexual exploitation
and sexual abuse.
Article 34
The new government sworn in this year brought with it a new set of
promises and resolutions to uphold child rights in Pakistan. The Ministry
of Human Rights showed renewed resolve to improve the situation
of child rights in the country through legislation, judicial reforms,
Children 187
awareness raising, and other practical measures. Greater international
cooperation was also sought by the government to tackle issues such as
child sexual abuse and sale of children. In December 2018, the National
Assembly also adopted a resolution to reinforce its commitment to
protecting and promoting child rights, eradicating malnutrition and
improving care during the first 1000 days of a newborn.
Overall, Pakistan failed to protect its children in 2018 with nearly all
their fundamental rights and freedoms infringed or put at serious risk
of violation. Lack of neonatal care, low birth registration levels, food
insecurity, excessive violence and inadequate legal and social protection,
hazardous labour, as well as child marriage were some of the recurring
issues faced by children of the country. While the judiciary and law
enforcement were seen to be more actively pursuing cases of crimes
against children, the extent and severity of the violence against children
did not see much improvement.
Health
The right to survive and grow healthily and the right to good quality
healthcare is a fundamental human right but most often denied to
children in Pakistan for several reasons including food insecurity, water
contamination, poor sanitation, and inadequate health services. This year
saw a deteriorating malnutrition crisis in Tharparkar district in Sindh, a
nutrition emergency in Balochistan, soaring stunting rates in children,
and rising infant and child mortality due to preventable diseases and the
derelict state of health services.
Only four percent of children in Pakistan receive a ‘minimally acceptable
diet’ according to a report titled Asia and the Pacific Regional Overview
of Food Security and Nutrition, published by the United Nations in
November 2018. Another similar study by National Complementary
Feeding Assessment (NCFA), launched in September by the Ministry
of National Health Services in collaboration with DFID and UNICEF,
also found that only 15% of the children aged six to 23 months receive a
minimum acceptable diet in Pakistan.
Malnutrition has remained a major threat to children’s health in the
country and Sindh and Balochistan were the worst affected provinces.
In the Thar region in Sindh, 638 children died of malnutrition in the
period 1 January to 31 December 2018, the highest death toll in the past
four years. Since June 2013, according to the Sindh health department,
2,363 children have lost their lives to famine in Tharparkar. In response
to the crisis, the Sindh Government announced its plans of launching a
nutrition programme for 5,000 families in Tharparkar district and, as a
quick relief measure, the Chief Minister also directed the setting up of
medical camps in every taluka.

In the Thar region in Sindh, 638 children died of malnutrition in the period 1 January to 31
December 2018
Malnutrition was not only limited to Tharparkar; a large number of

malnourished children were identified across Sindh during a province-
wide nutrition and breastfeeding drive started by the Sindh Mother and
Child Health and Nutrition Programme in October. Out of the 5,386,037
children screened as part of the drive, 240,845 (0.24 million) were found
to be malnourished.
Chronic malnutrition also persisted in Balochistan due to a prolonged
drought. According to the Balochistan Nutrition Cell, established by
the provincial government in collaboration with the World Bank and
UNICEF, almost 52 percent of children in the province are reportedly
stunted due to the undernourishment, 40 percent were underweight,
and 16 percent faced severe undernourishment. Moreover, 57
percent children under five years of age suffered from anaemia as per
a survey conducted by the National Nutritional Cell. A joint screening,
conducted by UNICEF and Balochistan government’s health department
from 3-5 December, found that 40 to 65 percent of children aged between
six months and five years are suffering from acute malnutrition in the
suburbs of Quetta.
A nutrition emergency was declared in Balochistan in November 2018
by the provincial health minister to overcome the malnutrition crisis.
He announced expansion of the campaign to combat malnutrition,
which was already underway in seven districts of Balochistan. In the
following month, the Balochistan government also formed a task force
Children 189
comprising of government representatives, civil society members, and
donor agencies to tackle the problems of drought and malnutrition.
The 2018 Global Nutrition Report found Pakistan to be one of the three
countries that bear half the burden of stunted children globally and
alone is home to 10.7 million stunted children. In addition to poverty,
intake of contaminated water is one of the main causes of malnutrition
which results in stunting and diarrhoea in children.
A World Bank report titled ‘When Water Becomes a Hazard: The State of
Water Supply, Sanitation and Poverty in Pakistan and its Impact on Child
Stunting’, released in November 2018, states that almost 38 percent of
children in Pakistan suffer from stunted growth and a leading cause
of this is scarcity of safe drinking water due to poor sanitisation and
waste management systems. In another report released this year by
Concern Worldwide and Welthungerhilfe, it was found that the highest
child stunting and child wasting rates are found in South Asia. Pakistan
was ranked 106 out of 119 countries on the list, with a second highest
Global Hunger Index score of 32.6 based on four indicators of hunger:
undernourishment, child wasting, child stunting, and child mortality.
Pakistan also fared poorly in terms of infant mortality. A UNICEF
report on child mortality titled Every Child Alive, released in February
2018, stated that Pakistan bears the worst infant mortality rates globally
with a 1/22 probability of babies dying at birth. Preventable diseases
are one of the most common causes of child mortality in Pakistan. A
study by Johns Hopkins University and Save the Children has estimated
that 700,000 children will die of pneumonia in Pakistan by 2030, making
it one of the four countries set to carry the highest burden of deaths
by this disease. The study, which was released in November 2018,
recommended interventions such as expanding existing vaccination
coverage, provision of affordable antibiotics, and improved diet to
control the spread of the disease.
This year also Pakistan continued to struggle with the polio virus and
remains one of only three countries in the world where this disease
is endemic. While there has been a drastic fall in the number of cases
since 2016, Pakistan has still not become entirely polio-free. A total of
12 cases were reported in 2018, four more than last year, with four cases
occurring in September alone.
Eight out of 12 cases were reported from Khyber Pakhtunkhwa (5
cases in Bajaur, 1 in Charsadda, 1 in the Khyber district and 1 in Lakki
Marwat), 3 from Balochistan (Duki district) and 1 in Sindh (Gadap
Town, Karachi). The last nationwide polio vaccination campaign was
started on 10 December 2018 with the goal of administering the vaccine
to 38.7 million eligible children.

Pakistan remains one of only three countries in the world where polio is endemic
Measles is another disease which has drastically spread in the past

two years and continued to escalate in 2018—impacting thousands of
children in the country. The previous year 6,494 laboratory confirmed
measles cases were reported, more than double the number in 2016.
This year, Pakistan was found to be in the top ten countries in the world
with the highest incidence of measles, according to the World Health
Organisation’s Global Measles November 2018 Update. According to
WHO, 3,721 cases were reported in Pakistan from January to November
2018 which is a 19.26 percent incidence rate per million. To control the
measles outbreak in the country, 37 million children were vaccinated
across Pakistan under a nationwide vaccination campaign carried out
in October 2018.
Legislative developments and child protection system
Over the past few years, significant legislative advancements have been
made to strengthen the child protection framework in the country.
However, the sluggish response of the State to create appropriate
implementation mechanisms has prevented these legal protections
from taking effect. Moreover, with only 33 percent births registered
in the country, only a few children can fully benefit from the existing
protection system.
A few developments on the legislative front were also witnessed in 2018.
The Islamabad Capital Territory Child Protection Act 2018 was passed
by the National Assembly in February 2018 and received the assent of the
Children 191
President on 18 May 2018. This is the first law that aims to create a child
protection system in the capital, protecting children from all forms of
physical or mental violence, injury, neglect, maltreatment, exploitation,
and abuse. Salient features of the law include establishment of a ‘Child
Protection Advisory Board’ and ‘Child Protection Institutions’. The
Board is responsible for ensuring that all necessary measures are taken
for the implementation of the Act while the Institution is responsible
for processing all complaints, coordinating with relevant departments
to provide relief and maintaining records. There was no progress on the
formation of the Protection Institution or Advisory Board by the end of
the year.
The Khyber Pakhtunkhwa assembly passed the Child Protection, Welfare
(Amendment) Bill 2018 to modify the 2010 child protection law in the
province. The amendment bill mainly aims to improve the language and
coherence of the existing law by rewording and elaborating some of the
existing clauses.
Despite the lapse of more than a year since the National Commission on
the Rights of the Child (NCRC) Act 2017 was passed, the Commission
has yet to be constituted. The Commission is mandated with the
responsibility of promoting and protecting child rights in the country
and must comprise of six members, one from each province, Islamabad
Capital Territory, and the former Federally Administered Areas. The
Ministry of Human Rights stated in April 2018 that the implementation
of this law had been hindered by the lack of required nominations from
the provinces despite repeated follow ups. The Ministry also stated
that corresponding rules for the law had been drafted and would be
sent to the Cabinet for approval once all provincial nominations for the
Commission were received.
The National Child Protection Centre, formed in 2006-7 under the
Federal Ministry of Human Rights, announced its work plan in October
for the upcoming year. In 2019, it intends to focus work on four key areas
of child protection including street children, child beggary, violence
against children, coordination with stakeholders, and awareness on
child protection. Specific programmes include the formation of Child
Rights Committees in the slums of Islamabad, holding a mapping
exercise to identify the child beggary hubs in the capital city, improving
coordination with district administration, police, bar association, civil
society and the media, and developing a Child Protection Information
System.
In October, the Sindh High Court directed the Social Welfare Department
and Sindh Child Protection Authority to establish reformatory
institutions for abandoned and destitute children at division level and
also ordered the DG Sindh Child Protection Authority (SCPA) to furnish

the records of interventions made on behalf of destitute children in the
past two years and the extent to which the Authority was performing its
functions as per section 10 of the SCPA Act 2011. The SHC also sought
quarterly compliance reports in regard to this order and asked a member
of the SHC inspection team to ensure compliance. These directions were
given while hearing an application by a woman seeking custody of her
minor girl.
Violence against children – child abuse and exploitation
Violence against children saw no respite in 2018, encompassing a broad
spectrum of physically and sexually exploitative acts. Despite each
province boasting of having dedicated child protection legislations, very
few victims received protection, counselling, and legal services.
The year started with the brutal rape and murder in Kasur of a six-year-
old girl named Zainab whose body was discovered in a rubbish dump.
This case drew extensive media attention and resulted in massive riots
due to the inaction of the police in finding the perpetrator. Immense
public pressure resulted in the search and arrest within two weeks of
the culprit Imran Ali, who was subsequently sentenced to death by the
Anti-Terrorism Court. His conviction was upheld by both the Lahore
High Court and Supreme Court and a plea of clemency was rejected by
the President of Pakistan. Imran Ali was hanged in Kot Lakhpat jail on
17 October 2018.
Zainab’s brutal rape and murder drew extensive media attention and resulted in massive
riots due to the inaction of the police
Children 193
This incident led to the formation of a task force by the Federal
Ombudsman to conduct a situational analysis of child abuse in the
country. The ensuing report released by the task force in October
titled ‘Mapping of Issues and Response to Sexual Violence against Children’
proposed short and long-term measures to counter the rising sexual
violence against children in the country. The measures included setting
up of one-stop facilitation centres that provide medical, psychiatric,
psycho-social, and legal support to the victims and their families at
district and tehsil level, starting from Kasur and developing a database
of DNA of the criminals, suspects and potential perpetrators at district
Kasur level.
According to the mid-year Cruel Numbers Report compiled and released
by the NGO Sahil, there had been an increase in child sexual abuse in
the first half of the year compared with the same period in 2017, with a
drastic rise in the number of cases involving boys. (See Law and Order)
The Federal Ministry of Human Rights drafted an action plan in November
2018 to address the issue of child abuse in the country. In a document
presented before the National Assembly’s Special Committee on child
abuse, it was stated that the plan would focus on prevention, protection,
recovery, reintegration, and participation. It included an extensive range
of practical measures such as formation of school protection committees
through parent-teacher associations, running nationwide sensitisation
and information campaigns, establishment of child-friendly courts,
training of law enforcement officials, parliamentarians and court
officials, strengthening the National Commission for Child Welfare and
Development (NCCWD), and developing a referral system for child
abuse victims.
Very little focus on investigation and recovery of missing children was
seen despite thousands of children going missing every year in Pakistan.
In July 2018, a constitutional petition was filed in the Supreme Court by
Roshni Research and Development Organisation, an NGO working for
child protection, urging the Court to order the federal and provincial
governments to recognise cases of missing children as a cognisable
offence. The Court was informed in the ensuing hearings that 30 children
had disappeared from various parts of the country, particularly Karachi,
within the first six months of 2018 and between 5,000 and 6,000 children
disappear every year in Karachi alone. After hearing the arguments, the
SC directed the federal secretary interior, and home departments as well
as IGPs of the provinces to submit reports on missing children within
three weeks.
Six years earlier, the same NGO had filed a similar petition in the Sindh
High Court. In December 2018, the Court ordered that the FIA and
police should take joint action for recovery of the children reported

missing in the province. In the last hearing of the case that took place in
2018, the SHC ordered the police to recover missing children and report
to the court by 17 January 2019. Since the filing of this petition, several
such orders and directives have been given to the provincial home
secretaries and IGs to take steps for the recovery of missing children but
the response has been very slow.
In collaboration with Roshni, Karachi police also set up Child Protection
Response Centres (CPRC) at three police stations in the city in 2018 to
facilitate parents of missing children. By December 2018, The CRPCs
had received reports of 188 cases (newborn to 17 years), out of which
164 children were recovered and 20 FIRs were registered in some of the
other cases. The Sindh government also launched a child helpline 1121,
in collaboration with Pakistan Telecommunication Authority, to receive
complaints of all child rights violations including rape, child marriages,
kidnapping, and disappearances. The Social Welfare department was
also issued a notification to set up District Child Protection Committees
to ensure the helpline is functional. The helpline head office is in
Karachi and sub-offices are to be established in every district headed
by the deputy commissioners.
The Sindh cabinet placed a ban on child beggary in November. It directed
the Social Welfare Department (SWD) to start a child beggary campaign
and rescue all child beggars on the streets and give them refuge in
children’s homes run by the Department. The District Administration
and the police were also instructed to facilitate the SWD in identifying
child beggars and carrying out rescue operations.
Child trafficking has emerged as a major problem in South Asia from
where most children are trafficked, according to the UN Global Report
on Trafficking in Persons 2018. The report named Pakistan, India, and
Bangladesh as three countries from where most victims in the region are
trafficked. It also found that children now form 30 percent of the total
trafficking victims in the world and the number of girls trafficked are
considerably greater than boys.
Child domestic workers
Notwithstanding the laws passed to prohibit the employment of minors
in households, they still number among the scores of unregistered
domestic workers.
The case of the ill-treatment of the young maid Tayyaba captured the
country’s attention in December 2016. In April 2018, the Islamabad High
Court sentenced an additional district and sessions judge and his wife
to one year each in prison and ordered them to pay a fine of Rs50,000
each for keeping their then 10-year-old child maid Tayyaba in wrongful
confinement, burning her hand over a missing broom, beating her with
Children 195
a ladle, detaining her in a storeroom, and threatening her with ‘dire
consequences’. A week later, a division bench of the IHC suspended the
one-year jail sentences handed down to the judge and his wife.
The parents of Tayyaba told the IHC that they did not wish to pursue
the case. In June, the IHC accepted an appeal filed by the state and
increased the prison sentence from one year to three years with a fine
of Rs500,000. The bench observed that the criminal justice system had
failed to protect the most vulnerable members of society from neglect,
inhuman treatment, and the worst form of abuse, and had only started
functioning after publicity on social media and the subsequent suo motu
notice taken by the Supreme Court.
A couple were arrested in Gujjarpura for allegedly torturing their
11-year-old maid, Sumera, clubbing and burning her with an iron rod.
Another 11-year-old girl, Kinza, was beaten with blunt instruments by
her employers—a woman army officer and her doctor husband. The
husband was arrested in November after his interim bail expired. The
wife, named as the prime suspect, was already being investigated by
army authorities.
Kinza was beaten with blunt instruments by her employers—a woman army officer and her
doctor husband.
Seven-year-old Hadia was shot dead by her employer, and her six-year-
old sister Safia injured, when they arrived late for work. The incident
took place in Lakki Marwat, in the province of Khyber Pakhtunkhwa.
These are the tip of the proverbial iceberg—incidents that only come
to the attention of the authorities and the media when neighbours
report them or parents complain. Far too often, however, parents who
have farmed out their children because of their own impoverished

circumstances are persuaded to stay silent with financial inducements.
Corporal punishment (see Education)
Juvenile justice (see also Jails and Prisoners)
The Juvenile Justice System Act 2018 was passed in May this year,
replacing the Juvenile Justice System Ordinance promulgated in 2000.
One of the main distinguishing features of the new law is the introduction
of diversion as an option to dispose of juvenile cases. Diversion has been
defined as an alternative process of determining the responsibility and
treatment of a juvenile on the basis of his social, cultural, economic,
psychological, and educational background without resorting to formal
judicial proceedings. To carry out diversion, the law prescribes the
creation of Juvenile Justice Committees (JJC) under Section 10 within
three months of the enactment of the law. JJCs will also be responsible
for overseeing the welfare and social re-integration of the juveniles in
detention. No such committees, however, had been set up by the end of
the year.
A study conducted by the Khyber Pakhtunkhwa chapter of the National
Commission on Human Rights found that a number of children under 18
years of age were being excluded from the Juvenile Justice System in the
province. The report was based on the findings of visits to courts, prisons,
Departments of Prosecution and Probation/Parole, police academies,
police stations, bar councils, committees working under the Police Order
2002, child and women shelter homes, and Dispute Resolution Councils.
It recommended that necessary steps must be taken to bring the juvenile
justice system in conformity with international and national standards
and if a person is not 18 years of age at the time of the commission of the
crime, he or she must be treated as a juvenile.
For expeditious resolution of juvenile cases, Supreme Court (SC) Justice
Qazi Fez communicated a few observations to the Registrars of all
the High Courts, the Prosecutor Generals of the provinces and of the
Islamabad Capital Territory and to the Attorney General for Pakistan
in September 2018. In his observations, he noted that hearing of appeals
filed by juvenile convicts should be prioritised and that juvenile courts
should adjourn juvenile cases only in exceptional situations. He also
instructed the SC office to insert the word ‘Juvenile’ on the file covers of
all criminal petitions and appeals of juvenile convicts and expedite their
disposal.
Children living with their mothers in women prisons are the most
neglected part of the incarcerated population, referred to as the ‘hidden
victims’. One positive measure announced by the Punjab government
this year was that it intended to establish Montessori schools to provide
quality informal education to children of women prisoners in all the
Children 197
district jails of the province and which would cater to children aged
from three to six years. The first such school was opened in District Jail
Gujranwala in November 2018.
Children with disabilities (see People Living with Disabilities)
Child marriage
Pakistan ranks sixth in the world in terms of the highest absolute
numbers of child marriage where 21 percent of girls are married
by the age of 18 according to a report titled ‘Ending impunity for child
marriages in Pakistan: Normative and implementation gaps’. This report was
prepared by the global advocacy group, the Centre for Reproductive
Rights (CRR), and released in Karachi in September. It also found that
child marriage impacts girls more than boys because it makes them
susceptible to domestic violence and reproductive health issues. The
report recommended underage marriages should be declared null and
void, penalties should be imposed on officials, including police and
magistrates, who fail to take preventive or protective actions, and access
provided to legal and other services to victims of child marriages.
A KP based study on child marriage conducted in 2018 by Blue Veins, an
organisation in Peshawar working for the rights of women, girls and the
transgender community, explored the community perception towards
child marriage. The study covered different communities in seven KP
Poverty is the main driver of child marriages of girls as families consider them a burden and
not as contributors to the household income.

districts, namely Peshawar, Mardan, Mansehra, Shangla, Bannu, Swat,
and Dera Ismail Khan.
The main finding of the study was that poverty is the main driver of
child marriages of girls as families consider them a burden and not as
contributors to the household income. While most community members
interviewed for the study were aware of the risks of this practice, poverty
and deprivation forced them to marry off children at a young age.
The National Commission on Human Rights (NCHR) also expressed
serious concerns over the rising number of forced child marriage in the
minority communities living in Pakistan. In October this year, NCHR
officials shared that a large number of forced marriage complaints were
received by the Commission. The NCHR Chairman strongly urged for a
strict legal framework and a proper age determination process that must
be followed in such cases.
On a visit to Mithi in Tharparkar District, during the 16 Days of Activism
against Gender Based Violence Campaign 2018, the Under-Secretary
General and UN Women Executive Director called upon the residents
to end child marriages through collective action and turn it into a zero
child-marriage village. Earlier in the year, a judicial magistrate in Mithi
sentenced four people to two years’ imprisonment along with a fine
for forcing a 14-year-old Hindu girl to marry a 55-year-old man.
The Child Marriage Restraint (Amendment) Bill 2018 was moved in the
Senate in December 2018 by Senator Sherry Rehman and referred to the
concerned committee of the House for further deliberations. The bill
defines a minor as a person under the age of eighteen and prescribes
a fine of Rs0.2 million as well as three years’ rigorous imprisonment
to a person marrying a minor. It also authorises the court to issue
a stay order on receiving a complaint of child marriage. The State
Minister for Parliamentary Affairs opposed the punishment of rigorous
imprisonment and said that the Council of Islamic Ideology (CII) should
be consulted on the bill.
A child marriage prevention bill was also introduced in the Balochistan
assembly this year but before it could be passed the tenure of the
assembly ended. A member of the Balochistan Awami Party urged
the new government in October to introduce the bill in the provincial
assembly for legislation as child marriage was a growing menace for
children in the province.
Recommendations
• Drastically improve birth registration rates through implementation
of more efficient and accessible systems. Every child’s inclusion
in the national database is critical to ensuring all state policies are
reflective of the existing young demographic.
Children 199
• Put in place effective and timely mechanisms to curb the increasing
food insecurity and resultant malnutrition in children in the country,
particularly in Sindh and Balochistan.
• Expand health facilities, vaccinations and health awareness
programmes to eradicate polio and stem the spread of measles
and other preventable diseases impacting thousands of children
annually.
• Immediately constitute the National Commission on the Rights of
the Child to have a central body overseeing the implementation of
child rights in the country.
• Ensure the strict enforcement of laws to overcome the cultural
acceptance that perpetuate practices such as child marriage and
corporal punishment.
• Set the legally valid age for marriage at 18 years across Pakistan
for both boys and girls. Apart from Sindh, applicable laws in all
provinces set the age of girls lower than boys for marriage.
• Devise a holistic policy to curb child sexual abuse and child
abductions with proper mechanisms in place for investigation and
prosecution of such cases. It must also be recognised that boys are
equally, if not more, at danger of sexual abuse and violence as girls.

Labour
Slavery is non-existent and forbidden and no law shall permit or facilitate its
introduction into Pakistan in any form. All forms of forced labour and traffic in
human beings are prohibited. No child below the age of 14 years shall be engaged in
any factory or mine or any other hazardous employment.
Article 11 (1-3)
Every citizen shall have the right to form associations or unions, subject to any
reasonable restrictions imposed by law in the interest of sovereignty or integrity of
Pakistan, public order or morality.
Article 17 (1)
The state shall make provision for securing just and humane conditions of work ...
Article 37
The state shall secure the well-being of the people, irrespective of sex, caste, creed and
race, by raising their standard of living, by preventing the concentration of wealth
and means of production and distribution in the hands of a few to the detriment of
general interest and by ensuring equitable adjustment of rights between employers
and employees, and landlords and tenants; provide for all citizens, within the
available resources of the country, facilities for work and adequate livelihood
with reasonable rest and leisure; provide for all persons, employed in the service
of Pakistan or otherwise, social security by compulsory social insurance or other
means; provide basic necessities of life, such as food, clothing, housing, education
and medical relief, for all such citizens, irrespective of sex, caste, creed or race,
as are permanently or temporarily unable to earn their livelihood on account of
infirmity, sickness or unemployment; reduce disparity in the income and earnings
of individuals ...
Article 38(a) to (e)
No one shall be held in slavery or servitude.
Universal Declaration of Human
Rights Article 4
Everyone, as a member of society, has a right to social security ....
Article 22
Everyone has the right to work, to free choice of employment, to just and favourable
conditions of work and to protection against unemployment. Everyone, without
any discrimination, has the right to equal pay for equal work.
Everyone who works has the right to just and favourable remuneration ensuring
Labour 201
for himself and his family an existence worthy of human dignity and supplemented, if
necessary, by other means of social protection. Everyone has the right to form and to
join trade unions for the protection of his interests.
Article 23 (1-4)
Everyone has the right to rest and leisure, including reasonable limitation of working
hours and periodic holiday with pay.
Article 24
Everyone has the right to a standard of living adequate for the health and well-being
of himself and his family, including food, clothing, housing and medical care and
necessary social services, and the right to security in the event of unemployment,
sickness, disability, widowhood, old age or other lack of livelihood in circumstances
beyond his control.
Article 25 (1)
State parties recognise the right of the child to be protected from economic exploitation
and from performing any work that is likely to be hazardous or to interfere with the
child’s education, or to be harmful to the child’s health or physical, mental, spiritual,
moral or social development.
UN Convention on the Rights of the Child
Article 32(1)
This was a general election year in which three governments ruled—

the sitting government completed its 5-year term in May, a caretaker
government took over in the election period, and a new government was
installed by mid-August. In such a time of transition, labour remained
the least of priorities for all the governments.
Overall, there were no significant changes to the lives of the labour force
in 2018. They still worked in difficult situations, mostly lacking decent
workplaces and social security, devoid of their basic rights, and existing
on low wages in the face of increasing inflation and price hikes. The initial
tough economic decisions taken by the new government since 15 August
saw the devaluation of the Pakistan currency and increased prices in
basic necessities such as gas, electricity, and petroleum products.
Another blow to the workers came with the launch of anti-encroachment
drives in major urban centres on the orders of the Supreme Court. As
a result, thousands of workers lost their jobs and many more were
still unemployed after the demolition of shops. Karachi’s workers
were the main victims as retail shops located on encroached land and
markets were razed by local government authorities. Shop owners
claimed that their shops were legal and most of them had been paying
rent to the Karachi Municipal Corporation for many years. Although
the government promised to provide alternative shops, no relief was
provided to the workers, mostly employed on a daily-wage basis.
Once again this year, the Federal Bureau of Statistics did not release the

Scores of workers lost their jobs as a result of anti-encroachment operations
annual Labour Force Survey, despite the fact it had already completed
the census exercise in 2017. The last Labour Force Survey report was
released in 2014-15.
According to the Trading Economics portal, Pakistan’s labour force
had reached 62.23 million in 2017, from 58.53 in 2016. The World Bank
data, however, put Pakistan’s total workforce at 69.957 million in 2017,
previously 68.396 million in 2016.
There was no improvement in occupational safety and health at
workplaces in Pakistan. Industrial accidents were reported in major
industrial centres in Sindh and the Punjab, and death and injury resulted
mostly from cylinder or boiler explosions. Several deaths were reported
in the Balochistan mines due to gas explosions or cave-ins.
Political promises
The 2018 election manifestos of all major political parties clearly
mentioned labour and labour welfare policies. During its past four
tenures, the Pakistan People’s Party (PPP) introduced labour laws
and the 2018 PPP election manifesto clearly mentioned further labour
support measures such as provision of living wages instead of the
minimum wage, universalisation of provincial social security services,
and pension benefits under the Employees Old-age Benefit Institution
(EOBI) etc.
Similarly, the PTI election manifesto commits to providing 10 million
new jobs, a demand-driven trades skills training to youth, and expanding
Labour 203
the social safety net and free health services to all citizens. As PTI has
formed governments at the centre and in three provinces, the party has
to work extensively to fulfil all its commitments made at the time of
elections for its five-year term.
In Sindh the PPP has formed the provincial government and labour
is now a provincial subject so it has to implement all its election
commitments. During its last tenure, the PPP government of Sindh
made some positive measures for labour including a record number
of labour-related legislation. The first-ever provincial tripartite labour
conference was held in December 2017 and as a result a Tripartite
Labour Standing Committee with equal representation from workers
and employers was held. This was considered another positive measure
of the Sindh government during 2018 as it announced a pro-workers
labour policy in early 2018. However, implementation of labour laws
and lack of effective labour inspection still remain a big challenge for the
Sindh provincial government.
The Punjab and KP governments also announced their respective
provincial labour policies in 2018 after Sindh. Balochistan has so far not
announced its labour policy, despite the fact that it had started work on
developing one in 2016.
Minimum wages
After the 18th Amendment, the provincial governments were bound
to announce minimum wages every year for unskilled workers under
the Minimum Wages Law (each province has a separate law). Usually
minimum wages are announced at the time of budget, but the former
government did not announce it at federal or provincial level. After the
elections, only the Sindh government announced the minimum wage for
unskilled workers, increasing the amount from Rs15,000 to Rs16,200 per
month. The other three provinces have kept the old rate of Rs15,000 for
the second consecutive year. Implementation of the minimum wage is
still scarcely observed.
Labour struggles
A report published in 2018 by the International Labour Organisation
(ILO) Pakistan—’A Profile of Trade Unionism and Industrial Relations in
Pakistan’—estimated that around 7,096 trade unions were registered in
Pakistan in December 2016. It also estimated that the total unionised
workforce at the same time stood at 1,414,160, as well as 1,390 collective
bargaining agents (CBAs) in the country.
While the ILO estimates that around 2.32% of the total workforce is
organised in trade unions, independent economists believe this number
is no more than 1%. Most of the trade unions in Pakistan exist only
in formal sectors and, according to the estimates, only 15.55% of the

informal sector workforce is organised under trade unions.
Legal restrictions as well as anti-union practices by the private sector
employers are the main reasons for the decline of trade unions in
Pakistan. Currently most of the notable trade unions prevail in public
sector organisations such as WAPDA, PIA, Pakistan Steel Mills, State
Bank of Pakistan, National Bank of Pakistan, and the Pakistan Post
Office.
Massive privatisation in the 1990s and throughout the 2000s of public
sector industrial as well as commercial units, especially major commercial
banks, and industries such as ghee and cement manufacturing units, has
eliminated the trade unions in these sectors.
The privatisation of two major public utilities, the K-Electric (former
Karachi Electric Supply Corporation) and Pakistan Telecom (PTCL), has
further weakened trade unions as there were strong representations in
these two public sectors. A large number of workers lost their jobs under
the new mode of employment.
The contract employment situation was further exacerbated with
the introduction of the third-party employment system, in which the
workers are employed by a private contractor to work for a particular
company on a daily wage or piece-rate basis. That means the workers
are not employees of that company whose products they are producing
and they are not provided any appointment letter or identity cards of
that company, despite the fact in many cases they go to the premises to
work. This third-party contract employment is now adopted by most
of the industries and commercial establishments in Pakistan, which has
virtually changed the employment scene.
In December 2017 the Supreme Court of Pakistan in a historic verdict
declared the third-party contract system against the Constitution and
fundamental rights and ordered all the employers to retrospectively
regularise their workers employed on contract or third-party contract.
During 2018, no steps were taken to implement that order. The labour
representatives filed a petition in the Supreme Court of Pakistan for
implementation of the order, but the Supreme Court refused to entertain
their petition, ordering them to file a petition in any high court under
Article 199 (jurisdiction of the High Court).
A petition has been prepared and is to be filed in the Sindh High Court
by the representatives of the major trade unions and labour support
organisations such as the Pakistan Institute of Labour Education and
Research (PILER).
The new government has reinitiated the privatisation process of state-
owned commercial entities. Privatisation has always been opposed by
Labour 205
the labour and trade unions because it causes unemployment and loss
of jobs of thousands of workers employed in those state-owned units. In
the past millions of employees of the state-owned entities lost their jobs
as well as other financial benefits as a result of privatisations.
On 16 November 2018 the federal cabinet decided to set up a holding
entity called Sarmaya Pakistan Company (SPC) to be run on the model
of Malaysian and Indonesian wealth funds. The government will hand
over control of 195 ailing units to the autonomous SPC to end its own
‘influence’ on State Owned Entities (SOEs).
Seven companies, including banks and power plants, have been
identified for initial privatisation. For ‘strategic reasons’ and the ‘social
value’ they create, the three big organisations Pakistan International
Airlines, Pakistan Steel and Pakistan Railways will not be privatised.
They are to be restructured to become financially viable.
The list included the power generation units, Convention Centre
Islamabad, and others. The SPE will also offer 93.38 percent shares in
SME Bank, 44.8 percent in Pakistan Reinsurance Company Limited, and
100 percent of State Life Insurance Corporation for privatisation with
management control.
Besides, in the medium-term, 82.6 percent shares of the First Woman
Bank would also be given to a private strategic partner.
The government is facing strong resistance from the workers’ unions in
WAPDA as the workers have opposed privatisation of Gencos (electric
generation power companies) and Discos (electric power distribution
companies).
Government employees
Health workers in all four provinces, especially the lady health workers,
continued their struggle for an increase in wages and regularisation of
their jobs.
The Lady Health Workers (LHWs) have been demanding regularisation
of their jobs and payment of dues from 2012. Violence continued against
LHWs, especially during polio immunisation campaigns and most
notably in KP and Sindh where parents resist the vaccination of their
children. Across the country, there were numerous reports of polio
workers being manhandled, attacked and, in some cases, killed.
On 26 May 2018 about 800 LHWs were booked for allegedly ransacking
the deputy commissioner’s office in Bahawalnagar and holding the
staff hostage during a protest against non-payment of their salaries.
The Health Workers Union (HWU) Punjab president criticised the
administration for registering an FIR against the LHWs despite the
resolution of the issue after talks.

The Port Qasim Authorities (PQA) Workers Union started their sit-in
outside the Karachi Press Club in September 2018 and their protest had
completed 98 days on 31 December 2018. Hundreds of the dock workers
were protesting against the PQA and a Chinese cargo management
company, who they say are exploiting them and have withheld their
salaries. The Chinese company claimed that the workers had already been
paid their six-month salaries. The workers demanded implementation
of the Dock Workers Act 1974 and threatened to move their sit-in to
Islamabad if their pleas were not heard by the federal government.
PTI parliamentarians joined Port Qasim workers in October on the 27th day of their sit-in
In October 2018 Pakistani postal workers observed a strike in Quetta

to restore health and housing benefits. In a show of unity and power,
all five Pakistani postal unions observed the strike in the Balochistan
Province. Workers complained that they were not receiving their ‘house
requisition allowance’, a payment from the government to subsidise
lower incomes, as well as reimbursement of their medical bills.
PIA management in July enforced the Pakistan Essential Services
(Maintenance) Act (ESA) on all classes of employment in the airline,
abolishing various rights of the employees including going on strike,
which was rejected by the workers. A similar restriction was imposed in
2016 when the workers, including pilots, were protesting for their rights.
The Act imposed a number of obligations on the employees of PIACL
with regard to performance of their duties, breach of which is not only
Labour 207
a misconduct under company rules but also an offence under this Act.
With effect from 9 July the federal government declared that the Pakistan
Essential Services Act 1952 would apply for a period of six months to
all classes of employment in the PIACL. Any person found guilty of an
offence under this Act would be punishable with imprisonment for a
term which could extend to one year and would also be liable to a fine.
Steel Mill employees
The present government removed Pakistan Steel Mills from the
privatisation list. However, the Steel Mills is not functional and the fate
of thousands of workers still hangs in the balance. The largest industrial
unit of Pakistan, Steel Mills has been closed down since June 2015 and the
government is unable to pay the salaries of the employees. The federal
government has written a letter to the National Accountability Bureau
(NAB) stating that the Steel Mill’s closure was incurring a loss of Rs1.4
billion every month, and further resulting in the loss of valuable foreign
exchange due to the import of steel. The National Assembly’s panel had
asked the government to send the reference to NAB in July 2017.
The much-delayed salaries and pensions have placed the existing
workers in financial crises. Although the government is releasing their
salaries after approval of the federal cabinet, their main demand of
restarting the mill’s production has still not materialised.
Private sector workers
Private sector workers are the main victims of the current financial
situation. Their workplace conditions are pathetic, where occupational
health and safety standards are mostly ignored. The absence or
ineffectiveness of the state’s inspection system has resulted in numerous
industrial accidents, many of which are unreported. Throughout the
year, there were reports of deaths and injuries caused by roof collapses,
cylinder blasts, and falls at factories.
The lack of occupational health and safety facilities at the Gadani
shipbreaking yard continues to manifest itself. In October, seven
labourers working inside a non-functional ship parked at the yard were
burnt when the ship caught fire.
Ironically, the tragedy happened just one day after the Balochistan
labour minister visited the yard and surveyed the working and living
conditions of Gadani shipbreaking workers. Following the accident, the
government of Balochistan banned any kind of shipbreaking activity
and assembly of workers in the area.
Mine workers
The deadly incidents in mines in Balochistan and other provinces
continued during 2018, in which scores of workers lost their lives.

In the past eight years, more than 318 labourers working in coal mines have lost their lives in
Balochistan
According to labour leaders, mine workers are dying because the

government and employers have failed to introduce workplace health
and safety standards.
According to a report, in the past eight years more than 318 labourers
working in coal mines have lost their lives in Balochistan mines. The
labour organisations have demanded that the government should ratify
ILO Convention 176, pertaining to safety and health in mines. Pakistan
is not a signatory of this important Convention.
The regularity of reports of the deaths of miners is extremely disturbing.
In April, six Kalat miners were reported to have died of suffocation. A
miner was burnt to death while three others sustained injuries in an
explosion in a coal mine in the Duki district. In May 2018, 23 miners
were killed in two separate incidents in Balochistan. Sixteen miners also
lost their lives in a privately-run coal mine in Marwar, after a methane
gas explosion caused a roof to collapse. Seven miners were killed in an
explosion in the Sor range coalfield, operated by the Pakistan Mineral
Development Corporation. A total of 11 miners were injured in the
incidents.
In May the provincial mining and mineral development department
set up a body to investigate the coal mining tragedies and the National
Human Rights Commission (NHRC) expressed its concern over the
plight of the miners.
In another deadly incident on 13 August 2018 at least 18 mine workers
lost their lives after a methane gas explosion in a coal mine near Quetta.
The bodies also included two rescuers who entered after the blast. In
Labour 209
September, four more coal miners lost their lives after their mine was
filled with poisonous gas in the Sinjdi area near Quetta. In the same
month, nine miners were killed and three others injured when the roof
of a coal mine collapsed in the Darra Adamkhel area near Kohat.
As the casualties continued to mount, the Supreme Court in September
asked the Balochistan and Khyber Pakhtunkhwa governments to file
replies on a petition moved to highlight deaths of mine workers.
There appears to be a pattern of explosions from methane gas
accumulations as labourers enter the mines. This would indicate that at
least a proportion of the fatalities could be avoided if a simple regime of
testing for lethal gases was put in place.
Modern slavery
Pakistan ranked 8th on the Global Slavery Index 2018, with an estimated
three million living in modern slavery. It was also one of four countries
that scored above 90 percent in the Vulnerability Model, which measures
systemic, individual, and environmental risk factors. It was particularly
mentioned that in countries such as Pakistan, where conflict-affected
areas could not be surveyed, these could be conservative estimates.
Conflict is considered a significant risk factor for modern slavery, with
the associated ‘breakdown of the rule of law, the loss of social supports,
and the disruption that occurs with conflict’.
Forms of modern slavery prevalent in Pakistan include forced and
bonded labour, human trafficking (including labour trafficking), and
domestic slavery.
Implementation of the existing laws is the main obstacle to the
elimination of such modern slavery. The previous Punjab Assembly in
its last session (16 May 2018) passed the Punjab Bonded Labour System
(Abolition) (Amendment) Bill 2018, which is a provincial version of the
1992 federal law. The provincial assembly of Sindh had already passed
the Sindh Bonded Labour System Abolition Act 2015. Both Sindh and
Punjab provinces have a high incidence of bonded labour, especially in
the agriculture and brick kiln sectors. Bonded labour or modern slavery
also prevails in many other sectors such as carpet weaving etc.
The Trafficking in Persons Report 2018 issued by the U.S. Department
of State showed Punjab was the only province to report legal action
taken against bonded labour other than Islamabad, which reported
one investigation. The Punjab authorities reported investigating 264,
prosecuting 257, and convicting 37 traffickers for bonded labour during
the period, an increase from the previous period. The Punjab reported
investigating 114, prosecuting 112, and convicting 17 people under PPC
section 369A (trafficking in human beings). The report claimed official
complicity in trafficking remained prevalent but the government failed

to hold these officials accountable.
The Supreme Court was reported in April to have taken up a petition
to curb the exploitation of workers at the hands of brick kiln owners as
well as measures to end the practice of ‘banddis’ (slavery for life). The
petition claimed that the kiln owner did not permit workers to seek the
intervention of labour unions and other statutory bodies on their behalf
and they were being deprived of their fundamental rights.
There are sporadic reports of action being taken. Lahore Police on 30
April 2018 arrested 29 owners and managers of brick kilns and registered
cases against them across the Punjab province following the directions
issued by the Inspector General Police Punjab.
Police teams visited 847 brick-kilns for inspection across the Punjab
province and arrested 29 people on charges of bonded labour. Fourteen
brick kiln owners and 15 managers were among those arrested.
In January, 13 detained workers, including five children, were released
from a brick kiln in Depalpur, Okara district, on Lahore High Court
orders.
In March, 19 bonded peasants were recovered from a farm in
Mirpurkhas. A week later police freed 30 bonded labourers from a farm
near Daulatpur, Sindh in a court-ordered raid.
Three owners of a brick kiln in Daska, Sialkot district were booked in
May for allegedly selling 13 members of a labourer’s family, including
women and children, to other brick kilns after they demanded an
increase in their wages.
There were many other reported cases of illegal confinement and forced
or bonded labour, with labourers sometimes physically restricted in
chains. In one such case, a couple and their seven children had been
confined and forced into labour for over a year in Mian Channu, Punjab,
until they were freed by police in May.
Child labour
The dire situation of child labour in the country showed no signs of
improvement. It is estimated that over 12 million children are involved
in child labour in the country, many of them due to poverty. According
to the Pakistan Labour Force Survey 2014-15, of those children aged
between 10 and 14 years active in child labour, 61 percent were boys and
88 percent came from rural areas. Estimates of the number of children
can never be accurate because children working in unregistered small
or family businesses or in domestic service are not covered by surveys.
In February, the previous Punjab administration announced a drive to
eradicate child labour in brick kilns. Following this, 32 child labourers
Labour 211
were reportedly freed and owners arrested in Sialkot.
In April, activists called for detailed information on the Punjab
government’s Integrated Project for Elimination of Child and Bonded
Labour 2014. The government had apparently allocated Rs5.1bn for
this project and claimed to have removed 88,000 children from brick
kilns and rescued around 41,000 from child labour in other sectors.
However, activists and people working with brick kiln labourers said
that the schools were empty and children were still working. In district
Sheikhupura, 204 one-room schools set up informally under this project
were reported to have been closed down.
The previous Khyber Pakhtunkhwa cabinet in its last meeting on 24 May
2018 approved what they said was the first every child labour policy of
its kind, claiming it would discourage child labour and help in preparing
a solid strategy for preventing the factors responsible for child labour.
The employment of children in homes continues to prevail unchecked
and only surfaces in the media when extreme cases of neglect and abuse
are reported. (See Children)
The regularity with which reports surface even after employers have
been exposed and prosecuted demonstrates once again that legislation
alone cannot eliminate child labour and it is the implementation of laws
and initiatives that presents the main obstacle. The mindset and attitude
towards child labour need to be changed. This can only be achieved
through awareness campaigns that bring about reforms in a society
Over 12 million children are involved in child labour in the country

where parents and employers put their own needs before that of a child.
Home-based workers
According to HomeNet Pakistan, a membership-based network of
home-based workers, there are 20 million home-based workers in the
country, of which 12 million are women.
The conditions for home-based workers are unregulated and unprotected,
involving repetitive and hazardous work, long shifts lasting from 14 to
16 hours, and low wages. They also have to rely on, and are subsequently
exploited by, contractors or middlemen.
In May, the Sindh Assembly passed the Sindh Home-Based Workers Act
2018, the first-ever law in Pakistan to protect the rights of home-based
workers, which would register and regularise home-based workers and
ensure equal treatment to them and their dependents in cases of sickness,
maternity leave, injury, or death. All home-based workers involved in
the production and manufacturing of goods or provision of services at a
home premises or any other place near a home would benefit from this
law. The rules of business had yet to be framed. Other than mentioning
home-based workers in their new labour policies, other provinces have
yet to follow suit.
Home-based workers in Karachi held a protest in December calling for
an end to workplace harassment and demanding wages equal to their
male counterparts.
HomeNet Pakistan was said to have introduced a Financial Literacy
Programme for women home-based workers to educate them in the
existing situation of market-based gaps, and enhance their financial
knowledge and literacy.
Domestic workers (see also Children and Women)
The number of domestic workers in Pakistan is roughly estimated to
be over 8 million. Most of these are women and girls whose labour is
undocumented, rendering the compiling of accurate statistics impossible.
A high number of these workers are children. The treatment meted
out by employers only comes to light when media reports highlight
extreme abuse, and anecdotal accounts speak of long work hours and
heavy workloads, low pay, no rest or holidays, allegations of theft, and
physical and sexual abuse.
The Punjab Domestic Workers Bill 2018 was tabled in early December in
the Punjab Assembly. A similar Bill was reportedly under preparation at
the Ministry of Human Rights, to be tabled in parliament. The Punjab Bill
finally recognises the economic and social value of domestic workers in
the country, addressing the exclusion of domestic workers from labour
and the need for social protection. However, there are some anomalies
Labour 213
in the Bill that raise concern, for example in setting the minimum age at
15 years, and making no mention of the hazards faced.
The number of domestic workers in Pakistan is roughly estimated to be over 8 million.
Farm workers
The end of the year 2018 brought positive news for the tenants of the
Okara Military Farms who have been struggling for ownership rights of
the land they have been tilling for decades. The National Commission
for Human Rights (NCHR) intervened and the military accepted before
the Commission that they did not have ownership of the agriculture land
as in fact the main owner of the land was the Government of Punjab.
According to the NCHR, although the tenants would not get ownership
rights, they would continue to work as tenants or sharecroppers without
further harassment.
According to the Awami Workers Party, at least 13 tenants have lost
their lives during this farmers movement, and around 1,900 tenants
have been jailed over the last few years, including over 200 peasant
women. Three of the main leaders of the tenants’ association, Anjuman
Mozareen Punjab (AMP), are still in jail.
Despite the brutal repression of the AMP, only ten percent of the tenants
have agreed to pay share cropping rent. Ninety percent are still resisting.
Over 68,000 acres of land are being cultivated by tenants in different
parts of the Punjab in public sector agriculture farms.
Overseas workers
According to the Economic Survey 2017-18 over 9 million Pakistanis are
working across the globe, with a concentration in the Middle East of

54.80 percent, followed by Europe (26.81 percent) and America (11.90
percent). During 2016, a labour force of around 0.84 million proceeded
to different countries, especially Saudi Arabia and the Middle East,
which earned remittances for the county.
In November, the Ministry of Overseas Pakistanis and Human Resource
Development launched an online complaint centre Call Sarzameen for
Pakistanis living abroad, and an e-governance web portal.
Media workers (see also Freedom of Expression)
The year 2018 witnessed the worst-ever year for media workers as many
newspapers and TV channels were closed down and the remaining
media houses laid off thousands of workers. The media workers faced
threats from both state and non-state actors.
The incidents of violence against media workers increased in 2018.
According to a report State of Pakistani Media in 2018 prepared by the
Pakistan Press Foundation (PPF), at least six journalists lost their lives
in Pakistan. Their research showed a minimum of 22 cases of physical
assault in which five journalists were injured, while 25 others were
beaten and manhandled to stop them from performing their professional
duties.
According to PFUJ over 500 media workers of various media houses
have lost their jobs in just eight months of 2018. Over the past year, a
number of media organisations have had to downsize or close down due
to declining advertising revenue or other financial constraints.
Media workers’ bodies such as the Federal Union of Journalists have
been protesting against non-payment of salaries and media workers’
lay-offs. Workers of many media organisations had not received their
salaries for months, which exacerbated their financial problems. In
October, the PFUJ launched a countrywide protest against large scale
job losses of media workers.
Then, on 15 December, the Jang Group, the country’s leading media
house, fired hundreds of staffers en masse, closing down a number of
its outlets.
Recommendations
• Legislate and implement the relevant laws to comply with eight core
labour standards of ILO Conventions ratified by Pakistan. Ratify
Conventions C177 on home-based workers and 189 on domestic
workers.
• Require all provincial governments to announce the minimum wage
in their budgets and to work towards provision of an adequate
living wage for workers.
Labour 215
• Provide access to all citizens to social security schemes as a
fundamental right.
• Ensure provision of occupational safety and health facilities at every
workplace including mining sites.
• Strengthen the system of labour inspection at the provincial level by
increasing the number of trained inspectors. The capacity of labour
inspectors should be enhanced by organising training for workers
both local and abroad.
• Implement ILO Convention 144 and hold tripartite consultations
every year in all provinces, as initiated in Sindh.

The Elderly
Pakistan Constitution
Article 25(1)
Nothing in this Article shall affect the validity of … (e) … any law providing for
the acquisition of any class of property for the purpose of … providing maintenance
to those who, on account of unemployment, sickness, infirmity or old age, are
unable to maintain themselves.
Article 24 (3)(e)(iii)
A UN Report, World Population Ageing: 2017 says the number of elderly

people in the world population over the age of sixty years is expected
to exceed 1 billion in the next few years, doubling to 2.1 billion by 2050.
There are over 11 million senior citizens in Pakistan, approximately
seven percent of the total population of the country, and the United
Nations Population Fund has estimated that the figure will rise to over
43 million by 2050.
Ageing populations in different regions are directly linked to falling
fertility rates and increasing longevity due to medical interventions. As
countries develop and more workforce is needed to increase economic
activity, they produce fewer children. This cycle of reduced fertility
brings in its wake an increasing number of ageing people.
While most high-income countries have been able to make adjustments
in their socio-economic policies to cater to the needs of the elderly, by
providing pensions, insurance, social protection, medical care, and
housing and transportation facilities, this is a major challenge for other
countries already burdened by high levels of poverty and poor health
infrastructure.
There is a wide range of economic and cultural responses to the elderly.
While most elderly people live independently in high income countries,
only 15 percent of them live on their own in low-income countries.
Co-residence with children is also linked to poverty. In Pakistan, more
than 90 percent of the elderly aged 60 or above live with their children
today. According to the UN report, the likelihood of older persons
The Elderly 217

living alone is growing, especially women who in any case are almost 60
percent of the ageing population of the world.
Policies for the elderly
In 1999, the government designed a Policy for the Elderly which
encompassed medical and dental care, physiotherapy, training of
doctors in primary geriatrics care, and setting up homes for destitute old
persons. The policy remained unimplemented.
Under the Constitution, fundamental rights are guaranteed to all
citizens, including the right to employment, freedom from torture, and
access to public spaces. However, there is no specific mention of the
elderly or persons with disabilities since it is assumed that these groups
would be able to enjoy all their rights, freedoms, and privileges under
the Constitution.
The Khyber-Pakhtunkhwa Senior Citizens Act was passed in 2014
whereby persons over the age of 60 years would be issued senior citizen
cards and be eligible for free treatment and medicines, and free entry to
libraries, parks, and other public places. A Council under the Department
of Social Welfare was to be set up to implement the Act.
In January 2018, the Chief Minister deplored the fact that progress was
not evident and directed the Social Welfare Department to provide a
timeline for implementation of the benefits packages provided for
under the Act. The following month, the department called for senior
citizens to register and apply for their senior citizen cards to become
eligible for basic facilities. According to a news report. the KP Social
Welfare Department Planning Officer had said that initially the facilities
had been provided in six districts, but were now being expanded to the
entire province.
In September, people were still complaining that the Act had not been
implemented and an NGO said that over 0.6 million individuals had
applied for the card but it had not been issued to a single applicant.
An estimated 2.8 million individuals over the age of 60 live in Khyber
Pakhtunkhwa.
Similarly, the Balochistan Senior Citizens Act of 2017 also has a Council
to be headed by an eminent senior citizen to be nominated by the Chief
Minister and run by the Social Welfare Department. The Council’s
functions include formulation of a policy for the elderly, introduction
of syllabi on geriatrics in medical universities, facilitation desks in
banks, railway stations and hospitals, along with separate wards and
concessions for medical treatment.
Both these Acts, however, do not provide redressal of grievances of
senior citizens in cases of maltreatment by their caregivers.

The Sindh government passed the Senior Citizens Act in 2016 which
offers many more benefits including free treatment at government
hospitals up to the district level, 25% concession in private hospitals,
clinics, and recreational facilities such as cinemas and restaurants, as
well as 50% concession on road transport.
All these facilities are to be made available against Azaadi cards to be
issued by the local government. The law also provides for reclamation
of their property by senior citizens and punishment for those who
abandon old family members and spouses, after a summary trial by
a judicial magistrate. But both the Sindh and Balochistan Acts remain
unimplemented.
The Punjab government is reported to have formulated a Bill which has
yet to be passed by the Assembly.
Health
Disease and the burden of disability are very high among the elderly—
reported at 28% in the 1998 Census. The most common causes of
mortality are heart disease, stroke, chronic obstructive pulmonary
disease, Alzheimer’s, lower respiratory infections, diabetes, kidney
diseases and lung, stomach and breast cancers.
An Aga Khan University study in 2006, Health and Needs Assessment of
Geriatric Patients, found that fatigue, mobility impairment, dyspnoea
(difficult or laboured breathing), urinary incontinence and visual
impairment had the worst impact on the life of ageing individuals, while
diabetes (28.1%), hypertension (42.5%), and arthritis (26.6%) were the
most frequently reported chronic ailments.
In another study in Karachi, Depression in the elderly in Karachi, Pakistan,
BMC Psychiatry, published in 2013, prevalence of depression was found
to be 40.6 percent, with a higher preponderance in women (50%) as
compared to men (32%). Slightly over one-fourth of men were employed
as compared to one-twelfth of women. There were more women (68%)
compared to men (44%) with no formal education.
Elderly people not living with a spouse and not considering their
children as future security were more likely to be depressed. They also
suffer social losses as their lives are narrowed down by loss of work-
associated relationships, death of friends, relatives or spouse, and a
restricted social life which is crucial for psychological and emotional
wellbeing. The study stated: “In both high income and LAMI [Low
and Medium Income] countries, depression in the elderly carries a
huge burden, contributing to approximately one-sixth of all disability
adjusted life years (DALYs).”
In September 2018, the Punjab health minister said that for the first
The Elderly 219

time in the country separate healthcare services for elderly people will
be started in government hospitals. In a keynote speech at a seminar
on Alzheimer’s disease and related dementia, arranged by Alzheimer’s
Pakistan in collaboration with the King Edward Medical University
(KEMU), the minister acknowledged that the number of patients with
dementia was increasing at an alarming rate, and patients suffering
from it required extra care from both family and society. According to
the minister, a plan would soon be launched in the province in line with
the global plan of the WHO, in which geriatric services such as hospital-
based memory clinics, resource mobilisation for early diagnosis and
treatment, and counselling services for caregivers would be provided.
Public awareness sessions would also be arranged.
Housing
There are few residential facilities for the elderly in Pakistan with
experts who can manage geriatric health effectively. In the Punjab, there
are seven homes called Aafiat for the elderly in different districts, which
are free for the indigent. There are none set up by the other provincial
governments.
The Catholic Church in Karachi runs three old people’s homes run
primarily by the church staff and supported by volunteers. The Parsi
General Hospital and its attached infirmary is another example of a
subsidised retirement home. While these ‘old homes’ provide a haven
to those most in need, they are too few and much more specialised
geriatrics support is needed even in these facilities.
Elderly people at Aafiat Centre in Multan.

Living conditions
The availability of space, electricity and water inside the house is
also very significant for the wellbeing of the elderly. Those living in
congested and unhygienic environments have a high incidence of
disease, malnutrition, and lack of exercise. The Benazir Income Support
Programme (BISP) census in Population of Pakistan: An Analysis of NSER
2010-11 BISP-UNICEF indicates that in the 51.6 percent male and 48.4
percent female population covered by the BISP, ‘Prevalence of disability
is significantly higher among relatively vulnerable household members
(divorced, widowed and separated) as compared to married and never
married. The prevalence of disability is highest among the widowed
(7.9 percent) followed by separated (5.7 percent), divorced (4.6 percent),
never married (2.1 percent) and married (1.9 percent).’
Many problems such as falls and accidents which can drastically reduce
the quality of life of the elderly can be solved by consideration and care,
and a proper nutritional diet can improve cognitive health. Regular
eye check-ups, hearing tests, and dental care can alleviate and prevent
serious disabilities.
At the same time, it must be noted that elderly people in Pakistan lead a
mainly sedentary lifestyle which results in loss of muscle mass, leading
to falls and other accidents. The world over, it is highly recommended
that the elderly should remain physically and socially active.
Support to families
Geriatrics as a subject is not given much attention in medical universities
in Pakistan especially at the undergraduate levels, and for nurses,
physical therapists and other health professionals.
One study released in 2010, ‘Ageing in Pakistan—A new challenge’ by S R
Sabzwari and G Azhar recommends engagement with the community
to help families understand common illnesses and their timely diagnosis
and management, as well as the reintegration of the elderly through
volunteer programmes such as part-time teaching, charity work, and
programmes in which elders may help other elders.
Another study published in 2012, ‘Ageing and the Elderly in Pakistan’
by Sabeena Jalal and M Z Younis recommends home visits by trained
community health workers, and provision of nutritionally balanced
subsidised meals to the elderly by local governments and charitable
organisations. Similarly, call and delivery services for medicines could
be provided by pharmacies to enable the elderly to follow their medicinal
regimen regularly.
The elderly living in extended families have a significantly better quality
of life than those living independently. During the last 20 years, there
The Elderly 221

has been a substantial increase in private voluntary initiatives in the
social welfare fields of Pakistan.
According to the 11th Five Year Plan (2013-18), ‘A well-developed
network of organisations, supported by the local community, will
address broad spectrum of the social needs, including health, education,
community development and shelter. The aggregate individual and
corporate sector—giving more than Rs70 billion over the years—is
substantially higher as compared to the government expenditure for the
social protection programmes.’
Within these given resources, much more can be done with innovation
and skilled manpower: for example, the primary health care system
could be strengthened to cover curative, preventive and rehabilitative
services for the disabled elderly with the help of Lady Health Workers
and Nurses in district hospitals, while shelters and ‘old age homes’, at
least at the district level, need to be set up with the help of philanthropic
organisations.
HelpAge International is a non-governmental organisation (NGO)
that advocates for better inclusion of older people in social protection
policies and programmes in Pakistan, and encourages the country’s
financial sector to better support older women and men’s livelihoods.
It gives older people access to small amounts of money at low interest
rates to help with developing small businesses from home, and also
provide training and guidance. It also collaborates with civil society,
media, academia and older people’s organisations to campaign on the
protection and promotion of older people’s rights in Pakistan, with a
particular focus in the rural areas where the poor, elderly, and persons
with disabilities are most marginalised.
Assistive technology and accessibility
Pakistan spearheaded a global resolution for access to assistive
technologies, recently passed by the World Health Assembly, under
which persons with disabilities, the elderly, and the chronically ill can
have dignified lives with the availability of mobility devices, prosthetics,
and communication aids.
After a number of surveys and exercises, the World Health Organisation
has finalised 50 assistive devices such as hearing aids, wheelchairs,
spectacles, artificial limbs, memory aids, and pill organisers among
others, and estimates that over a billion people need these. The World
Health Assembly in May 2019 will decide whether to provide the devices
for free or at affordable prices.
However, apart from international lobbying, the government should
also ensure provision of assistive devices and rehabilitation services for
the elderly and other persons with disabilities.

The National Institute of Rehabilitation Medicine in Islamabad, where
many facilities for spinal cord injuries and rehabilitative support were
set up after the 2005 earthquake with the help of donor agencies, needs
to be reactivated and all vacancies of doctors, physiotherapists and
support staff need to be filled.
Similarly, the quality of prosthetics and other assistive devices can be
substantially improved by the government with the help of organisations
such as International Committee of the Red Cross (ICRC), the Armed
Forces Institute of Rehabilitation Medicine (Afirm), Institute of Physical
Medicine & Rehabilitation at Dow University, and the JPMC and Mayo
Hospitals which also have small prosthetics support units.
In the meantime, Pakistan’s 2006 Accessibility Code, which outlines
public infrastructure standards, should be enforced in earnest by all
government departments as well as private sector establishments.
Enhanced accessibility, which is not costly and is in any case a
requirement for all public and private sector establishments under the
law, will create a consciousness among all to give due consideration to
the elderly.
Another key aspect is physical accessibility to facilities. During this
year’s elections, for instance, there were numerous reports of polling
stations where no provision had been made to facilitate the elderly and
people with disabilities, including washrooms.
Elderly people faced problems at the polling stations during the general elections
The Elderly 223

Pensions
The Employees Old Age Benefits Act, 1976 and its subsequent
amendments make it mandatory for all industrial and commercial
concerns to register their employees and make regular payments
of 6% of their wages to the Employees Old Age Benefits Institution
(EOBI) towards their pension and insurance schemes. However, these
benefits are limited to the formal sector, while the informal sector which
accounts for more than 70% of the economy remains out of its ambit.
Informal, daily wage, and contractual employees are not covered under
any pension or insurance schemes. Of late, the EOBI’s performance has
come under much criticism as it has reportedly misused and embezzled
billions of rupees of employees.
EOBI pensioners had been consistently lobbying for an increase in
pension in budgets. In November 2018, the government announced
a raise of 20 percent, from Rs 5,250 to Rs 6,500, apparently tied to the
vision of transforming Pakistan into a welfare state.
Even in the formal sector, there have been reports of retirement benefits
being delayed. In May it was reported that many pensioners at the
Pakistan Council of Scientific and Industrial Research (PCSIR)—the
country’s premier research institution—were facing difficulties due to a
delay of 11 months in payment of benefits.
Dignity and contribution
Pakistan has a large young population, while the current ageing
population is expected to rise inexorably to over 43 million by 2050
according to the United Nations Population Fund (UNFPA). The
combined problems of finding employment and useful occupations
for different age groups of starkly separated generations—torn apart
by the digital divide among many other politico-social and economic
divisions—seem to be insurmountable, for which the state and society
are not prepared.
In the last fifty years, there has also been the added problem of brain
drain whereby qualified young people have been moving abroad, leaving
behind their parents to fend for themselves. In rural areas from which
labour has migrated to other countries, the elderly live on subsistence
levels and few of them have any savings.
Many older persons are actively involved in community and civic life
through volunteering, governance of public institutions and participating
in community-based institutions. The elderly have institutional and
historical memory, apart from experience and wisdom. They are the
guardians of culture, repositories of social traditions, rare knowledge
and skills that can not only complement but also add value to those of
young people.

In rural areas from which labour has migrated to other countries, the elderly live on
subsistence levels and few of them have any savings.
In a country like Pakistan where there is a dearth of qualified teachers,

doctors and researchers, the re-employment of the elderly after their
retirement would provide many benefits to the state as well as the elderly
people themselves. Even in high income countries, these professionals
continue to work for many years beyond the age of 65 years.
The elderly in Pakistan should be looked upon as an asset rather than
as a burden.
Recommendations
• Develop and enforce a national policy to address the needs of the
elderly, particularly accessibility, separate wards in hospitals, and
senior citizen counters at all service facilities such as railway and
bus stations, banks, cinemas, museums, and airport immigration
counters.
• Make the existing Senior Citizen Acts meaningful instruments of
protecting the dignity and rights of the elderly.
• Raise public awareness in the media with the help of PEMRA on
the rights of the elderly, to mobilise support for the government’s
policies and initiatives.
• Make it mandatory for hospitals to have free eye camps and
surgeries, dental care camps, physiotherapy, and laboratory tests
for the elderly.
The Elderly 225

• Develop venues for exercise and leisure activities with the help of
local communities and caregivers.

People Living with

Disabilities
Article 25(1))
Respect for inherent dignity, individual autonomy including the freedom to
make one’s own choices, and independence of persons; Non-discrimination; Full
and effective participation and inclusion in society; Respect for difference and
acceptance of persons with disabilities as part of human diversity and humanity;
Equality of opportunity; Accessibility; Equality between men and women; Respect
for the evolving capacities of children with disabilities and respect for the right of
children with disabilities to preserve their identities.
Convention on the rights of persons with disabilities
Article 3 – General Principles
States Parties shall ensure an inclusive education system at all levels… States
Parties shall ensure that Persons with disabilities are not excluded from the general
education system on the basis of disability, and that children with disabilities are
not excluded from free and compulsory primary education, or from secondary
education, on the basis of disability.
Convention on the Rights of Persons with Disabilities
Article 24(1)(2)(a)
States Parties recognise that persons with disabilities have the right to the
enjoyment of the highest attainable standard of health without discrimination on
the basis of disability.
Convention on the Rights of Persons with Disabilities
Article 25
States Parties recognise that a mentally or physically disabled child should enjoy a
full and decent life, in conditions which ensure dignity, promote self-reliance and
facilitate the child’s active participation in the community.
Convention on the Rights of the Child
Article 23(1)
Each Member shall, in accordance with national conditions, practice and

possibilities, formulate, implement and periodically review a national policy on
vocational rehabilitation and employment of disabled persons.
International Labour Organisation Convention 159
(Article 2)
People Living with Disabilities 227

Disability in Pakistan
The World Health Organisation (WHO) in its World Report on
Disabilities 2011 estimated that more than a billion people live with
some form of disability, or about 15% of the world’s population (based
on 2010 global population estimates). The National Population Census
of Pakistan 1998 calculated the prevalence of disability as 2.38 percent of
the total population, under seven categories namely Crippled, Insane,
Mentally Handicapped, Multiple Disability, Blind, Deaf, Mute and
Others. Of persons with disabilities (PWDs), 7.6 percent were classified
as ‘mentally retarded’ which umbrella term does not differentiate
between neuro-developmental disorders, specific learning disorders,
intellectual disabilities and syndromes.
The census of 2017 appeared to indicate that the percentage had declined
to 1.6 percent, i.e. 3.2. million persons with disabilities (PWDs), but these
figures are disputed. The decision to count the disabled separately was
taken on the first day of the census, on the apex court’s orders, and the
UNFPA monitoring mission noted that enumerators rarely asked the
question. In the absence of a modern and efficient system for registration
and assessment of PWDs, the provision of adequate funds for support,
services, education, and employment cannot be properly calculated.
However, these figures continue to impact the lives of PWDs, as with
poor budgetary allocation there are hardly any necessary services for
treatment, intervention, and rehabilitation, such as medical care, special
education materials and aids, training of teachers, ensuring prosthetics,
physiotherapy, and psychotherapy.
The World Report on Disability 2011, in its World Health Survey from
2002 to 2004, estimates disability at 13.4 percent of the total population
of Pakistan, while an Aga Khan University study, Prevalence of early
childhood disability in a rural district of Sind, Pakistan, published in 2013,
says that cross-sectional studies from low- and mid-income countries
give an estimated prevalence of childhood disability up to 12.7 percent.
According to the Child Commission report submitted to the Lahore
High Court in November 2018, there are at least 21 million people with
neuro-developmental disorders in the country (guesstimates based
on the Centre for Prevention of Disease (CDC) in the US), while the
incidence of other disabilities such as visual and hearing impairments,
cerebra he ballpark figure of the prevalence of disability in 15 percent of
the population, as estimated by WHO, seems to be closer to the reality
than government statistics.
In May 2018, it was reported that Pakistan had led the way at the World
Health Assembly (WHA) in Geneva in the cause of access to assistive
technologies for Persons with Disabilities (PWDs) and the ageing

population, as well as for people suffering from Non-Communicable
Diseases (NCDs).
However laudable this may be, Pakistan has thus far failed to enact laws
based on the UN Convention on the Rights of Persons with Disabilities
which it ratified in 2011. The Accessibility Code of 2006, which outlines
public infrastructure standards, remains inactive. And the 2002 national
PWD policy, which among other things would have introduced inclusive
education, has yet to manifest itself.
Protestors demanding increased rights for the disabled
Policies for PWDs

The Constitution guarantees the ‘Right to Education’ as a fundamental
right. The Disabled Persons’ (Employment and Rehabilitation)
Ordinance 1981 formed the basis of facilities and legislation for Persons
with Disabilities, such as Pakistan Bait-ul-Mal Act, 1992, the National
Policy for Special Education, 1999, the National Policy for Persons with
Disabilities, 2002, the Mental Health Ordinance, 2001, the National Plan
of Action for Persons with Disabilities, 2006, and the Special Citizens
Act, 2008. The National Council for the Rehabilitation of Disabled
Persons and the National Trust for the Disabled were also set up by the
federal government for rehabilitation of PWDs. Out of these, the most
comprehensive document was the National Plan of Action 2006 but,
unfortunately, it was never implemented.
The Pakistan Bait ul Mal (Amendment), 2018 included the provision
for rehabilitation centres for children with disabilities, recognising that
those living in remote and disadvantaged areas had little access to such
services and support. In passing the Act, particular mention was made

of the need for physical, occupational, and speech therapy for children
suffering from cerebral palsy.
After the 18th Amendment, Balochistan enacted the Persons with
Disabilities Act in 2017 which provides basic facilities on the pattern of
earlier legislation.
The Sindh Empowerment of Persons with Disabilities Act, 2018 is a
much more comprehensive document emphasising a rights-based
approach modelled on the core principles of the CRPD, calling for full
social and economic inclusion of PWDs by not only eliminating physical,
cultural, and systemic barriers, but also laying down several measures
for affirmative action to ensure equality of opportunity, accessibility,
and gender equality in all institutions and communities.
In October 2018, the Supreme Court directed the federal and provincial
governments to provide details of funds reserved for PWDs in their
budgets of the previous five years. It also instructed the governments
to state whether more legislation was needed. The bench was hearing a
petition filed by PWDs for the formulation of a policy for the appointment
of PWDs in government jobs.
In their report to the Supreme Court in November 2018 the Punjab
government said it had approved a management information system for
online registration and assessment of persons with disabilities.
The KP government report stated that a draft Bill namely ‘Khyber
Pakhtunkhwa Rights, Rehabilitation & Empowerment of Persons with
Disabilities’ was under consideration and it would soon be presented to
the provincial assembly for discussion and approval.
At the time, the bench remarked that the country was far behind the
rest of the world in terms of legal framework regarding physically
challenged persons and the existing laws in this regard were not being
implemented.
Also in November, the Lahore High Court, in a circular titled
‘Rehabilitation of persons with disabilities under the Disabled Persons
(employment & rehabilitation) Ordinance 1981’ directed all district
and sessions judges in the Punjab to provide preferential treament for
early disposal of cases of PWDs. The Chief Justice also instructed that
wheelchairs be made available at all district courts in the province for
the facility of PWDs.
Children with disabilities
Children with disabilities remained the most neglected group amongst
children in Pakistan. While speaking on International Day for Persons
with Disabilities, celebrated annually on 3 December, the Federal
Minister for Education stated that the new government was focused on

the rights of children with disabilities, especially their access to education, and
all necessary steps would be taken to transform their lives. Later in December,
a federal bill on the rights of persons of disabilities was introduced, titled ICT
Rights of Persons with Disability Bill, 2018, and was referred to the relevant
standing committee for further deliberation.
A few initiatives were seen at the provincial level in 2018 for the welfare
of children with disabilities. The Sindh Empowerment of Persons with
Disabilities Act 2018 binds the state to take special measures to protect the
rights of children with disabilities by creating awareness and ensuring equity
in education, adequate standard of living and social protection, respect for
their evolving capacities, and their rights to home, family and identity. The
Khyber Pakhtunkhwa government also announced a range of projects to
improve education opportunities for special children in the province.
There are at least 1,700,000 children with autism spectrum disorders in
Pakistan, out of which 340,000 are girls, according to the Autism Spectrum
Disorders Welfare Trust (ASDWT). These figures, calculated on the basis of
international indicators, were shared by ASDWT at a seminar held on World
Autism Day 2018 in Lahore. It was also stated such children were more
susceptible to violence, especially in rural areas where they are treated with
superstition. The lack of care facilities further exacerbates the vulnerability of
autistic children.
There are at least 1,700,000 children with autism spectrum disorders in Pakistan, out of which 340,000
are girls

Some children with special needs attend special schools but these are too
few in number and cater to only one out of 100 children. However, there
are some welcome initiatives. In November, the Sindh chief minister
inaugurated the Centre for Autism Rehabilitation and Training Sindh in
Karachi’s Gulistan-e-Jauhar said to be the largest such centre in South
Asia. The centre has a capacity of 300 children and 200 children had
already been registered.
Education and employment
The conditions in which PWDs live in Pakistan are dismal, as there are
very few opportunities for their schooling, training, and employment.
Mainstream schools in the public and private sectors do not admit
children with disabilities in general. Most public higher education
institutions accept students with visual and physical impairments but
there is only a small percentage of PWDs who can reach this level.
Opportunities for vocational and professional training are limited and
available only to those who have cleared their Matriculation or higher
examinations.
The government has allocated a two percent employment quota for persons with disabilities, but
this is only a fraction of their requirement
Inclusive education is a difficult proposition in developing countries

which have limited human and capital resources, as it involves reforming
and restructuring of the school as a whole to cater to the diversity of
children with different conditions and abilities. However, an inclusive

education system benefits children from all groups in society, not just
children with disabilities, by inculcating tolerance, acceptance and
appreciation of diversity.
It is also less costly to transform mainstream schools to inclusive ones
through additions of enabling infrastructure and teachers’ training, than
to create more segregated special education centres that can cater to only
a small percentage of children with disabilities.
Continuing their campaign for equal rights, the visually impaired
repeatedly took to the roads in the Punjab. In May 3018, the Lahore
High Court heard a petition filed on their behalf by the NGO Judicial
Activism Panel. The LHC issued a notice to the Punjab government
on the petition. Earlier the same month, the Pakistan Tehreek-i-Insaf
party had submitted a resolution to the Punjab Assembly secretariat
demanding acceptance of the genuine longstanding demands of visually
impaired persons.
The government has allocated a two percent employment quota for
persons with disabilities, but this is only a fraction of their requirement,
and it is usual for many private companies to pay a small fine in lieu
of not implementing the quota. The Sindh and Punjab governments
increased their job quota for persons with disabilities to three percent.
Health and facilities
Pakistan has one of the highest rates of consanguineous marriages
in the world that can result in many genetic and hereditary diseases.
As yet, the govenment has not taken any steps to prevent disabilities
through counselling of families, married couples, and young persons
of marriageable age. At the same time, many disabilities in children go
undetected due to poverty and lack of awareness until it is too late for
intervention and correction.
Inadequate primary health care, poor sanitation and hygiene,
malnutrition, lack of clean drinking water and ignorance of the value of
vaccinations and polio prevention drops have exacerbated the incidence
of disease and disability among the poor.
At the same time, there is an acute shortage of trained professionals—
there are only 589 registered psychiatrists in the country as of 2018—
while many general physicians and paediatricians are not familiar
with intellectual and neuro-developmental disorders such as autism,
attention deficit hyperactivity disorder, learning disabilities, bi-polar
and other conditions.
There is also a very high incidence of depression among those with
physical disabilities as they are trapped in a vicious circle where even
the government does not recognise their abilities. For example, persons

with hearing and speech impairments are not issued driving licences,
even though this is a common practice in developed countries. Other
mental issues such as post traumatic stress disorder affects 70 percent of
mothers of children with disabilities, especially autism, across the world.
Inclusion and vulnerability
Stigma and superstition attached to disability in Pakistan prevents the
visibility, inclusion, and participation of PWDs in society. Ignorance and
the absence of social services, care, and respite facilities force many poor
families to seek help from quacks and faith healers leading to worsening
of the disability and fatal consequences in some cases.
In December, two brothers were taken into custody in Taxila for burying
their mentally-challenged sister alive in a well in their house on the
directives of the local spiritual healer—apparently to rid the family of
evil forces. In April, the police in Bahalwalpur registered a case against
seven people who allegedly shaved the head of a deaf-mute woman out
of vengeance over a family dispute.
Persons with disabilities are particularly vulnerable to physical abuse. In
January, it was reported that a sessions court in Karachi had sentenced
two men to 20 years in prison in a case pertaining to the rape of a mentally
and physical disabled girl in 2016. In February, the father of a 15-year-
old deaf and dumb Hindu girl lodged an application with the police
over her alleged rape by a local boy in the area of Kunri, Umarkot, in the
Sindh province. In October, it was reported that a mentally challenged
teenage girl from the Sikh community was allegedly raped by two men
inside an ambulance in Nankana Sahib in the Punjab province.
PWDs identifying themselves as Lesbian, Gay, Bisexual, Transgender,
Queer, Intersex, and Asexual (LGBTQIA), or simply known as
Transgender in Pakistan are the most marginalised and stigmatised
of all groups. However, transgender persons with disabilties have no
social space whatsoever in the country: they have almost zero access to
education, health care and employment.
Disability is a multidimensional experience for the person involved,
with organs, body parts, cognition and/or communicatin being affected
in different ways. In Pakistan, only four disabilities are recognised—
physical impairments, visual impairments, hearing impairments and
mental retardation—and subsequently catered to by the government.
The International Classification of Functioning, Disability and Health
(ICF) is used the world over for early detection of disabilities based
on four separate premises. On the other hand, the Individuals with
Disabilities Education Act (IDEA 2004) of the U.S. describes 13 main
categories of disabilities and has been used in the Sindh Empowerment
of Persons with Disabilities Act 2018 to define five groups of disabilities.

Recommendations
• Train and deploy primary health care personnel such as LHWs,
TBAs, and staff at the tehsil level Hospitals to detect hearing, visual
and cleft impairments and any congenital or genetic diseases, as well
as intellectual and neuro-developmental disorders such as autism,
ADHD and learning disabilities for referrals to appropriate health
practitioners.
• Introduce school-based health screening to identify and monitor
health problems in children with special needs. Revive the School
Health & Nutrition Supervisors Programme in provinces that was
discontinued some years ago.
• Enhance the BISP programme to collect data on disabilities and
specifically support families where there is a child or children
with disabilities. Provide incentives of conditional cash transfers
covering cost of transport, medication and other expenses to enable
attendance of families at screening camps.
• Implement fully the Convention on the Rights of Persons with
Disabilities and Convention on the Rights of the Child.
• Train teachers at B.Ed, M.Ed and Masters in Special Education level
in inclusive education modules whereby they would be able to not
only modify the curricula according to the needs of PWDs, but also
develop expertise
• Make neuro-developmental disabilities part of the medical
universities’ curricula, particularly for LHWs, nurses, paramedics
and school health and nutrition supervisors at the tehsil level. Ensure
that Medical Superintendents at the District and Tehsil Headquarter
hospitals who issue Disability Certificates are thoroughly trained in
recognising these disabilities.
• Conduct awareness campaigns in mosques, seminaries, churches
and temples where people congregate as well as through the media
to sensitise communities to understand disability issues and combat
the associated stigma.
• Sensitise and train law enforcement agencies including the police,
lawyers and jail and reformatory wardens so that they can recognise
these disabilities in juvenile convicts, and process their cases within
the framework of the CRPD.
• Create a database of schools, vocational training centres, professional
services and information on prosthetics, assistive technology and
other support services that are available at the local and national
levels.
• Reactivate the National Institute of Rehabilitation Medicine in

Islamabad to improve the quality of prosthetics and other assistive
devices in collaboration with the International Committee of the
Red Cross (ICRC), the Armed Forces Institute of Rehabilitation
Medicine (Afirm), Institute of Physical Medicine & Rehabilitation at
Dow University, and the JPMC and Mayo Hospitals which also have
small prosthetics support units.
• Make the process of obtaining registration and specialisd CNICs
more disability-friendly at all stages. Set up Mobile Assessment &
Registration facilities to create awareness on the need for registration
and increasing the number of registered persons in every district.
Schools could also be authorised to issue a Provisional Disability
Certificate valid for six (6) months to be confirmed by the regular
issuing authority after due process.
• Make sports, regular exercise and leisure activities part of the
education curricula, and utilise Special Olympics and Para Olympics
Associations’s Coaches and Physical Trainers for structured trainings
in all educational institutions.
• Make all public spaces including parks, museums, art galleries,
historical sites, public buildings, cinemas, and other places for
leisure activities, as well as public transportation (roads, railways,
sea and air) appropriately adapted to accommodate the needs of
PWDs and fully accessible with facilities and services including
ramps and toilets.
• Introduce legislation along the lines of the Sindh Empowerment
of Persons with Disabilities Act, 2018. Amend other legislations,
e.g. the Juvenile Justice System Acts, Section 89 of the Pakistan
Penal Code and Jail Manuals so that special clauses are added to
recognise, manage and cater to the needs of children and persons
with disabilities and mental disorders, and especially persons with
neuro-developmental disorders.

Refugees and IDPs
Everyone has the right to seek and to enjoy in other countries asylum from
persecution.
Article 14(1)
No State Party shall expel, return (“refouler”) or extradite a person to another
State where there are substantial grounds for believing that he would be in danger
of being subjected to torture.
Convention against Torture and other Cruel, Inhuman or
Degrading Treatment or Punishment
Article 3
Pakistan has continued to host millions of registered and non-

registered Afghan refugees since 1979. The National Database and
Registration Authority (NADRA) puts the number of Afghan nationals
registered in Pakistan at over 2.8 million, of which 1.6 million hold a
Proof of Registration Card (PoR) card. There are at least one million
undocumented Afghan nationals residing in the country.
Around 1.5 million Afghans born in Pakistan, initially elated by the
announcement of the Prime Minister that they would be granted
citizenship, had their hopes dampened when it was later stated that
this announcement was only meant to ‘initiate a debate’ on the subject.
In October 2018, the federal government of Pakistan announced the
extension of the validity of Proof of Registration (PoR) Cards until 30
June 2019 as well as the Afghan Citizen Cards (ACC) up to 31 December
2018.
The perception that Afghan refugees were all involved in criminal
and terrorist activities continued to persist, with reports of continued
harassment of refugees by the police and local authorities.
The internally displaced persons (IDPs) from the erstwhile FATA, now
the tribal districts of Khyber Pakhtunkhwa, continued to return to
their native areas in 2018. While a large number of IDPs from the tribal
districts have returned to their places of origin, a significant number
still await return to their native areas. The most recent wave of mass
displacement began in 2014 as a result of the conflict in North Waziristan
Refugees and IDPs 237

and the Khyber Agency in FATA, adding to the numbers of the already
displaced persons in Khyber Pakhtunkhwa from other parts of the tribal
districts. The districts of Bannu, Dera Ismail Khan, Kohat, Hangu, and
Peshawar in Khyber Pakhtunkhwa continued to host thousands of IDPs
waiting to return home.
HRCP reiterated the need for Pakistan to adopt specific legislation to
deal with the challenges of internal displacement, but no change in
policy occurred during the period under review.
Refugees
The refugee population in the country consists almost entirely of Afghan
nationals and Pakistan is still among the top refugee hosting countries in
the world. Most of these refugees escaped the conflict and violence that
has engulfed Afghanistan for decades, and resulted in various forms of
grave human rights violations. The steady stream of refugees over the
decades from Afghanistan first began after the 1979 Soviet invasion of
that country and continued with the subsequent outbreak of civil war
in Afghanistan in 1992, and the war on terror launched by the U.S.
government in 2001.
There are many second and third generations of Afghan refugees born
in Pakistan who have never been to Afghanistan. An increase in the
intensity and number of terrorist attacks in Afghanistan in 2018 added
to the uncertainties of the returning Afghan refugees with the Afghan
government and the UN insisting that the conditions in war-torn
Afghanistan are not favourable for the return of refugees.
Of the 1.4 million Afghan registered PoR card holders in Pakistan,
58 percent are in Khyber Pakhtunkhwa, 23 percent in Balochistan, 12
percent in Punjab, 5 percent in Sindh, 2 percent in Islamabad, and 0.3
percent in Azad Jammu and (Pakistan administered) Kashmir, according
to the United Nations High Commissioner for Refugees (UNHCR).
UNHCR also says a total of 13,584 refugees were voluntarily repatriated
from Pakistan to Afghanistan in 2018. This signified a 76 percent decline
in the number of refugees opting to go back to Afghanistan as compared
to 2017 when 57,411 registered refugees returned from Pakistan to
Afghanistan with assistance from the UNHCR. According to them,
‘this is mainly due to the changing regional political dynamics and
the improved protection environment for Afghan refugees in Pakistan
as well as the deteriorating security environment in Afghanistan, the
drought, and poor socio-economic conditions.
Of the total number of registered families of refugees processed
for voluntary repatriation, 62 percent repatriated from Khyber
Pakhtunkhwa, 29 percent from Balochistan, 6 percent from the Punjab,
and 2 percent from Sindh. It is estimated that 30,692 undocumented

The refugee population in the country consists almost entirely of Afghan nationals
Afghan nationals returned from Pakistan by the end of November of

the period under review. Since the year 2002, around 4.2 million Afghan
refugees have returned from Pakistan with assistance from the UNHCR.
UNHCR has two voluntary repatriation centres operational in Pakistan.
The centres are in Azakhel in Khyber Pakhtunkhwa, and Baleli, Quetta in
Balochistan. According to the UNHCR, there are some 54 known refugee
villages across the country. As of 1 December 2018, it was estimated that
around 68 percent of the total registered Afghan refugees live in urban
and rural areas of Pakistan, and 32 percent live in the refugee villages.
UNCHR provides US$200 financial assistance per head to every family
of refugees who opt to return voluntarily. The amount of financial
assistance had been increased to US$400 per head from June to October
in 2016, which led to an increase in repatriation, but was subsequently
reduced to US$200 per head.
Proof of registration
The process of registration of Afghan refugees in Pakistan was undertaken
in 2006-7. The National Database and Registration Authority (NADRA)
began registering Afghans and issued them with Proof of Registration
(PoR) cards. The PoR card was an identity document that allowed
Afghan refugees temporary legal stay and freedom of movement in
Pakistan. The names of children younger than five years of age were
entered on their parents’ cards. Children who reached the age of five
years were entitled to their own PoR cards. Afghan refugees who did
not register to obtain the PoR card or who did not possess valid visas
or any other form of valid and acceptable documentation were to be

treated as illegal immigrants in accordance with the Foreigners Act and
laws applicable to foreigners.
Registration and Extension of PoR Cards

2.1 million Afghans registered by NADRA and issued
March 2007 Proof of Registration (PoR) card with validity until
December 2009
PoR cards replaced with new ‘Secure Cards for Afghan

September 2010
Citizens (SCAC)’, valid until 31 December 2012
January 2013 Six months extension given until 31 June 2013
August 2013 PoR cards renewed until 31 December 2015
January 2016 Six months extension given until June 2016
June 2016 Six months extension until 31 December 2016
September 2016 Three months extension until 31 March 2017
March 2017 PoR card extended until 31 December 2017
October 2018 PoR card extended until 30 June 2019
Source: UNHCR
In October 2018, the Federal Cabinet of Pakistan through a notification

extended the stay of Afghan refugees until 30 June 2019. The refugee
policy formulated by the federal cabinet in February 2017 had plans
for the documentation of Afghan nationals with no identification,
a commitment to the adoption of a national refugee law, and more
flexibility in the existing visa regime for different categories of Afghan
nationals. It still awaits implementation, which civil society continued
to demand.
According to the UNHCR, undocumented Afghans were registered for
the Afghan Citizen Cards (ACCs) so they could get legal protection from
arbitrary arrests, detention or deportation under Pakistan’s Foreigners
Act. Afghans with ACCs would be allowed to stay in Pakistan until they
could be issued documents, such as passports, by the government of
Afghanistan.
According to the International Organisation for Migration (IoM), around
878,604 applications for ACCs were received by 24 May 2018.
Citizenship
Under Section 4 of the Pakistan Citizenship Act 1951, any person born

in Pakistan shall be a citizen of Pakistan by birth. The only exceptions to
this are if the parents of the child are foreign diplomats or if they happen
to be declared enemies of the state and the birth occurs in a place which
is then under the occupation of declared enemies of the state. When the
influx of Afghan refugees began in the 80s, the government of Pakistan
at the time did not consider it necessary to make any amendments to the
Citizenship Act. Nor has any government over the decades considered
making any amendments or introducing special provisions for exception
from the terms of the Citizenship Act for Afghan refugees.
Pakistan is not a signatory to the UN Convention Relating to the Status
of Refugees 1951, or its 1967 protocol. As a result, Pakistan continues
to deal with issues concerning the refugees in the country through ad
hoc and discretionary policies, including the matter of eligibility for
citizenship of Afghan refugees born in Pakistan. While technically all
refugees born in Pakistan are eligible to obtain citizenship, they are
generally discouraged from doing so. As a result, Afghan refugees who
are born in Pakistan, and who may not want to return to Afghanistan,
face significant problems when they choose to remain in Pakistan.
Newly-elected Prime Minister Imran Khan announced in September
2018 that children of Afghan and Bengali refugees born in Pakistan
should be granted Pakistani citizenship. His statement came in the
context of a speech regarding the security situation in Karachi, in which
he implied that people without citizenship and hence with fewer rights
were likely to indulge in crime (in a later debate in the Parliament he also
said that refugees deserve humane treatment).
Imran Khan initially announced that children of Afghan and Bengali refugees would be given
Pakistani nationality, but later clarified that he only meant to initiate debate on this issue

While his announcement was welcomed by many, it also met with
strong opposition including a call to attention notice in Parliament,
issued jointly by opposition party PPP and one of the government allies,
the Balochistan National Party (BNP). Days later, it was clarified that the
PTI government intention was ‘just to initiate a debate’ on the reform. It
remains to be seen whether this issue will be debated and resolved.
Push and pull factors
There were multiple reasons for the steep decline in the numbers of
Afghan refugees willing to return to their homeland in 2018 as compared
to 2016 and 2017. The most significant of these was the sharp increase
in violent terrorist attacks in Afghanistan coupled with an increase
in lawlessness, human rights violations, and a lack of stability and
economic opportunities.
Refugees who have been living in Pakistan for decades have managed
to establish their livelihoods in this country. Many of them who opted
to remain in Pakistan felt that they did not have any viable incentives or
economic opportunities in Afghanistan to induce them to go back. Some
among the second and third generations of refugees born in Pakistan
have never been to Afghanistan, so uprooting their lives in Pakistan and
moving to Afghanistan is a difficult choice for them to make.
The UNHCR recorded a total of 14,017 Afghans who were facilitated for
voluntary repatriation to Afghanistan as of 1 December 2018, via two
voluntary repatriation centres in Quetta, Balochistan and Nowshera,
Khyber Pakhtunkhwa.
According to the UNHCR, the main push factors influencing the return of
Afghan refugees to Afghanistan from Pakistan in 2018 were strict border
entry requirements (42%), loss of livelihood (12%), denial of access to
services (8%), and uncertainty related to the PoR cards extension (5%).
The main pull factors towards Afghanistan were reunion with family/
relatives in Afghanistan for 80 percent of the respondents, employment
opportunities for 9 percent, no longer having the fear of persecution
for 3 percent, returning home for 2 percent, and the UNHCR assistance
package for another 2 percent. This was based on 2,912 head of household
interviews by the UNHCR at the Voluntary Return Centres in Pakistan
The UNHCR also interviewed 1,290 newly arrived refugees in
Afghanistan from Pakistan. Of these, 37 percent said they left because
of no employment opportunities in Pakistan, whereas 24 percent said it
was due to strict border entry requirements. Ten percent of the newly
returned refugees cited the high cost of living in Pakistan as the reason
for leaving, whereas 6 percent said it was due to uncertainty related to
the PoR cards extension. It is likely that for most refugees it was a mix of
several factors that led to the decision to repatriate to Afghanistan.

Internal displacement
As in a few previous years, the displacement of the population due to
conflict and military operations, especially in the erstwhile FATA, now
the western districts of Khyber Pakhtunkhwa, continued to be an issue of
concern in 2018. Since 2008, a total of 5.3 million residents of FATA have
been displaced. While the majority of them have been able to return,
there is still a sizable number of IDPs who are yet to return.
According to the FATA Disaster Management Authority (FDMA),
as of 19 December 2018, 322,915 verified IDPs, and around 217,143
unregistered/non-verified IDPs have returned to their places of origin
in the erstwhile FATA. FDMA estimates that around 16,136 IDP families
are yet to return. The majority of the IDPs who have returned this year
were from North Waziristan tribal district, followed by the tribal districts
of Khyber, South Waziristan, Orakzai, and Kurram. The remaining IDPs
yet to return belong to the North Waziristan tribal district (15,017) and
Khyber tribal district (1,119), according to FDMA data.
Independent analysts, HRCP monitors on the ground, and organisations
working with the IDPs say the numbers of IDPs who were forced to
leave their homes in FATA, and who are currently still displaced, are
much higher than the figures cited by the FDMA and the government.
The IDPs who returned found that the infrastructures in their areas had
been either completely or partially destroyed. Local economies in most of
the agencies of FATA have been severely affected because of the ongoing
violence and military operations over the years, with no apparent efforts
by the government to offer any opportunities for sustainable livelihoods
to the returning communities. These claims, made by local communities,
were substantiated by HRCP’s monitors on the ground.
The government had announced that registered IDP families would be
given Rs25,000 for immediate needs, Rs10,000 for transport, and up to
Rs400,000 for reconstruction of houses based on assessment of damages
carried out by government authorities. IDPs claimed that these amounts
were not sufficient to rebuild their houses. The government allocated
Rs24.5 billion in the budget for 2018-19 for the development of FATA
before it was merged into the Khyber Pakhtunkhwa province. However,
at the end of 2018 it was reported that the federal government had
decided to cut the annual development programme for erstwhile FATA
districts by 20 percent to Rs20.4 billion. It was further reported that due
to legal and administrative issues arising from the merger of FATA
and Khyber Pakhtunkhwa, disbursement and allocation of funds had
been affected. This has an impact on the returning internally displaced
persons (IDPs), especially since the spending on health and education
has also reduced as compared to previous years.

Local social and political activists from FATA claimed that these
allocations were inadequate and not enough to help the returning IDPs
and residents of FATA rebuild their homes and livelihoods.
Hundreds of families that have returned to Kurram Agency after the military operation still
await compensation promised by the government
Reports from Kurram Agency also suggest that hundreds of families

that have returned after the military operation still await compensation
as promised by the government owing to delays in survey of damaged
houses by the Reconstruction and Rehabilitation Unit (RRU). The
previous government had launched the Citizen Loss Compensation
Programme (CLCP) to compensate people of the erstwhile FATA, with
Rs400,000 being offered for a fully damaged house and Rs160,000 for
partially damaged houses in the tribal districts. It was reported that 3,625
families had received compensation for fully damaged houses, and 1,847
families for partially damaged shelters, but the remaining repatriated
families still await compensation.
The FDMA announced in November 2018 that it would pay all the cash
grants that were pending due to the 2016 policy of a specified time frame
in which families had to claim the grant of Rs10,000 for transportation,
and Rs35,000 for emergency spending soon after their return. Further,
it was announced that over 200 blocked SIM cards of displaced families
would be reactivated. This is noteworthy since it is through SIM cards
that the grants are being disbursed to affected families.

Further, it was reported in December 2018 that the FDMA disbursed a
three-month financial aid package of Rs520 million for the 15,200 families
of IDPs from North Waziristan tribal district that were currently living
in the Bakakhel IDP camp in Bannu to equip them to deal with the harsh
winter conditions. This happened after months of protests by the IDPs in
the camp against non-provision of promised financial aid.
The residents of the tribal districts continued to express their concerns
about being ignored in the national discourse, as has been the case over
the years. With little to no media coverage, they found it difficult to
draw the requisite attention to their problems.
Security concerns
While the government has been declaring that militant networks have
been cleared from most of the areas in all the tribal districts of Khyber
Pakhtunkhwa (erstwhile FATA) after several military operations
over the years, security concerns continued to prevail throughout the
erstwhile FATA.
Incidents of attacks by militants were reported from almost all of the
tribal districts throughout 2018, but showed a 17 percent decrease
in terrorism incidents and a 20 percent decrease in counter terrorism
incidents compared to 2017, according to the FATA research centre.
The North Waziristan tribal district, in particular, suffered the most
from such attacks, numbering 58, followed by 21 in Bajaur, 18 in Khyber,
16 in South Waziristan, 7 in Mohmand, 5 in Kurram, and 3 in Orakzai,
according to data compiled by the FATA Research Centre in the Khyber
Pakhtunkhwa Tribal Districts Annual Security Report 2018.
Throughout the year, curfews were also imposed in all of the agencies
at various times for different durations. The frequent attacks and the
resultant counter-terrorism military operations, along with the regular
imposition of curfews for security reasons, continued to affect the lives
of the residents of almost all of the tribal districts.
After youth protests by the Pashtun Tahafuz Movement (PTM) against
the high number of check points in Waziristan, the Pakistan Army
announced in April 2018 that check points would be scaled down and
the concerns of locals addressed.
Restrictions on movement had made it difficult for locals to rebuild
their lives in their native areas where access to education, employment,
and business opportunities remained very limited. Returning residents
of Waziristan had been issued with special identification cards called
‘Watan Cards’ but, as announced by the district administration in
December 2018, as of 1 January 2019 people entering North Waziristan
only needed their CNICs to enter and did not require registration or

Returning Waziristan residents were issued with special identification cards called ‘Watan
Cards’
permission in advance.
The former Prime Minister inaugurated the newly reconstructed
Miranshah market in April 2018, saying that the rehabilitation of
temporarily displaced persons (TDPs) and the socio-economic uplift of
(erstwhile) FATA was a priority for the government, but recent protests
by tradesmen demanded fair distribution of shops in the 1,300-shop
market.
A ground military operation was launched in May 2018 in the Mir
Ali and Land Mohammadkhel areas of North Waziristan, including a
curfew in the area.
In June 2018, it was reported that the military had launched an operation
in the Ladha region of South Waziristan under the broader Operation
Raddul Fasad based on intelligence reports that militants had entered
the area along with returning IDPs, and six ‘suspected terrorists’ were
killed.
A military operation in the North Waziristan tribal district was also
reported in September 2018 along with a curfew.
At the same time, there were reports about the resurgence of a certain
faction of the outlawed Taliban through a so-called ‘Peace Committee’
in Wana, South Waziristan. The committee issued restrictive guidelines
for the local population through pamphlets and local mosques, warning
of severe consequences if their directives were not followed. Among the
measures they imposed were restrictions on the movement of women

and the banning of music. Government officials denied any such activity,
but locals and local media continued to report incidents involving the
peace committee taking control of areas and terrorising locals.
On 3 June 2018, local Taliban militants were reported to have killed two
activists of the Pashtun Tahafuz Movement (PTM) and injuring 25 others
in the Wana area of South Waziristan district.
The reports about the resurgence of such Taliban groups despite the
ongoing military operation caused serious concern. HRCP called upon
the relevant government authorities to not only take notice of this serious
issue but to also address the problems of the IDPs languishing in camps.
IDPs from Waziristan in Afghanistan
When the military operation ‘Zarb-e-Azb’ began in North Waziristan in
2014, it was estimated that around a half million locals were displaced.
Some of the local residents who were forced to become IDPs chose to
seek shelter in Afghanistan.
According to the UNHCR estimates at the time, more than 291,800 IDPs
from Pakistan crossed into Afghanistan. Most of them settled in the
Gulan Camp in the Gurboz District of Afghanistan’s Khost province.
By May 2015, it was estimated that the Khost and Paktika provinces
of Afghanistan hosted around 32,576 families of IDPs from Waziristan
with over 205,000 individuals.
According to the UNHCR, 3,937 Pakistani refugees had been newly
registered in Khost and Paktika provinces in Afghanistan, and the
total number of Pakistani refugees in Afghanistan was 75,121 as of 30
September 2018.
In September 2018, it was reported that several Pakistani families that
had migrated to Afghanistan due to the military operations in North
Waziristan were unable to return because of closure of movement across
the Ghulam Khan and Angoor Adda border crossings from both sides
of the border.
The FDMA had set 30 April 2018 as the deadline for repatriation of
around 1,500 families from Afghanistan back to the North Waziristan
Agency. The FDMA spokesperson was quoted as saying that his
organisation could not do much to get the families to cross the border
since they were on the other side.
In October 2018, displaced tribesmen from North Waziristan who had
returned from Afghanistan did the traditional Waziri Atan dance outside
the Governor’s House in Peshawar in order to get the government’s
attention. They were protesting the government’s inability to repatriate
the rest of the families still in Afghanistan. They also wanted the
government to unblock their funds, as the government was supposed

to transfer Rs12,000 to each family when it was displaced and after their
area was denotified i.e. cleared for return. However, the issue arose
when the families returned to find their houses damaged and, since
they had no place to stay, they had to leave again. For such families,
compensation would be provided once two tribal elders had verified
their displacement, which then had to be countersigned by the deputy
commissioner’s office.
Displaced tribesmen from North Waziristan performed the traditional Waziri Atan dance
outside the Governor’s House in Peshawar to get the government’s attention.
According to the FDMA, approximately 6,664 families of Pakistani

refugees from Khost, Afghanistan were repatriated to tribal districts
of Pakistan, and 2,773 families remain in Khost. It has been difficult to
ascertain the veracity of the claims made by the FDMA in this regard. The
government authorities in Pakistan have been attempting to persuade
the IDPs in Afghanistan to move back to Waziristan but have not been
wholly successful thus far.
Another perspective
Sometimes even the direst of situations can have unexpected
consequences. It was reported that the lifestyle of Tirah Valley residents
had undergone a drastic change during their five years of displacement
while militants were cleared from this area in the Khyber tribal district.
Having been exposed to urban life and modern facilities, the residents
now had solar panels and televisions installed in their homes and

womenfolk were allowed to watch and learn from the programmes.
Both hygiene and eating habits had improved, and even the design of
their houses had been changed to reduce the size of rooms and make
them easier to keep warm without so much dependency on local forests
for firewood.
Predicament of stranded Pakistanis
Around a quarter of a million Pakistanis remain stranded in Bangladesh
since 1971, a community of Biharis who opposed separation from the
western part of the country at the time. Because of their insistence that
they were Pakistani citizens and not Bangladeshis, the Biharis were
considered traitors after the formation of Bangladesh.
While the Bangladesh Supreme Court in 1972 ruled that Biharis were
eligible for Bangladeshi citizenship, many of them chose to retain their
Pakistani passports and proof of identity. While Pakistan did initially
take some of them back, the majority of Biharis are still trapped in
Bangladesh as Pakistan eventually stopped taking them back altogether.
There was little to no progress in 2018 in Pakistan to find a solution to
the continuing predicament of these stranded Pakistanis.
On the other hand, Biharis in Pakistan, most of whom are in Karachi,
have been facing issues related to their identity documents. According to
a news report in December 2018, the National Database and Registration
Authority (NADRA) has blocked or refused to renew Computerised
National Identity Cards (CNICs) of Biharis in Karachi.
After the independence of Bangladesh, the Pakistani government
repatriated around 170,000 Biharis back to Pakistan in three phases
between 1972 and 1992 and, according to the report, only those who
arrived in 1974 under the repatriation agreement had repatriation
certificates, and others who came in the 1980s were not given such a
document. Not having active CNICs, Biharis in Pakistan are denied job
opportunities, are unable to purchase property, or buy and register cars,
and cannot open bank accounts.
Recommendations
• Find durable solutions for the Afghan refugees with assistance
from the UNCHR and, in collaboration with Afghanistan and the
international community, ensure that all returns from Pakistan to
Afghanistan are, without exception, voluntary and according to the
international norms for repatriation.
• Sign the 1951 Refugee Convention and the 1967 protocol which
outlines laws for dealing with refugees in the country.
• Incorporate UN Guiding Principles on Internal Displacement into
domestic policy and law to avoid the reliance on ad hoc measures.

Aim to prevent internal displacement in the first place and, where
unpreventable, make mitigation of its impact a priority.
• Involve and consult with IDPs, particularly the most vulnerable of
the IDP population, before making any decisions on restoring the
infrastructures in their native areas.
• Immediately address the issue of stranded Pakistanis in Bangladesh
and take into account the wishes of the stateless Pakistanis.
Repatriate as soon as possible those among them who wish to be
citizens of Pakistan.
• Consider the issue of blocked CNICs of internally displaced persons
(IDPs) from the tribal districts, as well as Biharis, on an urgent basis.

VI
Social
and
Economic Rights
Education
Social and Economic Rights
Education
The State shall provide free and compulsory education to all children of the age of
five to sixteen years in such manner as may be determined by law.
Article 25-A
...remove illiteracy and provide free and compulsory secondary education within
minimum possible period.
Article 37-b
Every citizen shall have the right to have access to information in all matters of
public importance subject to regulation and reasonable restrictions imposed by law.
Article 19-A
(1) Everyone has the right to education. Education shall be free, at least in the
elementary and fundamental stages. Elementary education shall be compulsory.
Technical and professional education shall be made generally available and higher
education shall be equally accessible to all on the basis of merit.
(2) Education shall be directed to the full development of the human personality
and to the strengthening of respect for human rights and fundamental freedoms.
It shall promote understanding, tolerance and friendship among all nations, racial
or religious groups, and shall further the activities of the United Nations for the
maintenance of peace.
Article 26
States Parties agree that the education of the child shall be directed to:
(a) The development of the child’s personality, talents and mental and physical
abilities to their fullest potential;
(b) The development of respect for human rights and fundamental freedoms, and for
the principles enshrined in the Charter of the United Nations;
(c) The development of respect for the child’s parents, his or her own cultural
identity, language and values, for the national values of the country in which the
child is living, the country from which he or she may originate, and for civilisations
different from his or her own;
(d) The preparation of the child for responsible life in a free society, in the spirit
of understanding, peace, tolerance, equality of sexes, and friendship among all
peoples, ethnic, national and religious groups and persons of indigenous origin;
Education 253
(e) The development of respect for the natural environment.
Convention on the Rights of the Child
Article 29
The States Parties to the present Covenant recognise the right of everyone to
education. They agree that education shall be directed to the full development of the
human personality and the sense of its dignity, and shall strengthen the respect for
human rights and fundamental freedoms. They further agree that education shall
enable all persons to participate effectively in a free society, promote understanding,
tolerance and friendship among all nations and all racial, ethnic or religious groups,
and further the activities of the United Nations for the maintenance of peace.
The States Parties to the present Covenant recognise that, with a view to achieving
the full realisation of this right:
(a) Primary education shall be compulsory and available free to all;
(b) Secondary education in its different forms, including technical and vocational
secondary education, shall be made generally available and accessible to all by
every appropriate means, and in particular by the progressive introduction of free
education;
(c) Higher education shall be made equally accessible to all, on the basis of capacity,
by every appropriate means, and in particular by the progressive introduction of
free education;
International Covenant on Economic, Social and Cultural Rights
Article 13
Pakistan’s challenges to ensuring the right to education at all levels

increased further in the year 2018. Efforts in the right direction fell short
of what was needed, and raised serious concerns about the provision of
education as a fundamental right and the ground to be made up to meet
the Sustainable Development Goals of 2030.
At the level of school education, a report said that the number of out-
of-school children had risen from 22.63 to 22.84 million. Another report
spoke of a promising trend as the children between the ages of six and
16 enrolled in schools had risen from 81 percent in 2016 to 83 percent in
2018.
Public authorities have been able to make some gains in provision
of physical infrastructure, but a lot still needs to be done to ensure
equitable distribution of gains among provinces and within them. An
overwhelming majority of schools in Balochistan and Azad Jammu and
Kashmir still lack key facilities such as electricity, drinking water, and
toilets.
Learning outcomes continue to be a cause for concern. Several reports
published in the year show the mammoth nature of the challenge at

the primary and middle school levels where the foundation is laid for
critical thinking and analytical reasoning skills.
The year also exposed a deeper crisis of commodification of education
in the country. While elite schools remained the focus in the media as
the issue of tuition fee hikes was taken up by the Supreme Court of
Pakistan, the crisis of privatisation is worse at lower tiers where schools
are operating without proper facilities and teaching resources.
Parents protesting against private school owners for charging exorbitant fees
The higher education sector presents a similar picture of neglect. The

change of government led to the funding for the Higher Education
Commission being slashed by around Rs5 billion, as Rs35.8 billion
allocated for the HEC was revised to Rs30 billion in a mid-term budget
released in October.
Protests and strikes were reported from across university campuses over
tuition fee hikes, lack of issuance of degrees, or failure on the part of the
administration to secure recognition with relevant professional bodies.
Teaching staff also remained at loggerheads with the administrations
over lack of service structure and a controversial education bill in Sindh.
A key issue affecting the right to higher education of women was
highlighted in media reports on the lack of attention to what seems to be
a high incidence of sexual harassment on campuses. A detailed report
Education 255
in the news showed that the administration at a major public-sector
university was not even aware of the law and was, therefore, enabling
perpetuation of predatory practices targeting women students.
Literacy
The official data on literacy and numeracy skills has not been updated
since 2016-17 when a two-percent drop was recorded in adult literacy
from 60 to 58 percent. The UN Global Education Monitoring (GEM)
Report also uses this figure. Literacy among the youth age group is
higher at 70 percent.
Public spending on education
Though there has been a slight improvement in the share of the
education sector in public expenditure, Pakistan continues to lag behind
international standards as well as regional averages. According to the
GEM Report for 2019, Pakistan has increased spending on education
both as a percentage of its Gross Domestic Product (from 2.6% in 2017
to 2.8% in 2018) and of total public expenditure (from 13.2% in 2017 to
13.8% in 2018). However, to put these gains into perspective, it should
be noted that the 2018 education spending figures for the South Asian
region were 3.8% as a percentage of GDP and 14.5% as a percentage of
total expenditure.
The levels recommended by the United Nations under its 2030 Education
Framework are 4-6% (GDP share) and 15-20 (share of total expenditure).
Enrolment and retention – gender, regional, and income gaps
The lack of adequate budgetary allocation was reflected in education
indicators, the most alarming of which remained the number of out-
of-school children. According to the Pakistan Education Statistics
2016-17 released in July by the Academy of Educational Planning
and Management (AEPAM)—a subsidiary of the federal education
ministry—the number had increased from 22.63 million to 22.84 million.
Education statistics released in 2018 highlight several important areas
where policy makers will need to work to ensure universal schooling for
children aged 5-16 years.
Firstly, the overwhelming majority of out-of-school children, around 17
million, are in the age bracket for middle (grades 6-8), secondary (grades
9 and 10), and higher-secondary (10-11) levels.
Secondly, girls constitute the majority of the out-of-school children. The
gender-wise breakdown of the 22.84 million figure showed that around
12 million of these are girls and around 10 million boys.
Thirdly, more than half of the out-of-school children (57 percent) come
from the poorest households, according to Alif Ailaan, an education

advocacy campaign. The more recent Annual Status of Education Report
(ASER) 2018 released by the NGO Idara-e-Taleem-o-Aagahi says that
54% of the poorest girls are out-of-school compared to 17% of the richest
girls not going to school, and highlights a 21% enrolment gap between
poorest girls and poorest boys.
An improvement in school enrolment rates was observed in the ASER
report—83 percent of children aged 6-16 years as compared to 81 percent
in 2016. Gilgit-Baltistan and Islamabad-ICT had the highest numbers
enrolled at 91% each, followed by Punjab (89%), Khyber Pakhtunkhwa
(87%), Sindh (86%), with Balochistan and the newly merged tribal
districts at 72%. AJK had 95% enrolment.
In the 3-5 age bracket, 37 percent of children aged 3-5 were enrolled in
2018, compared to 36 percent in 2016.
These small but promising gains still need to be met with a corresponding
improvement in the quality of education offered. Being in school does
not necessarily equate to learning in school.
Qualitative measures: student learning, teaching quality
Much is to be desired when it comes to qualitative indicators of education
attainment in the country. Based on a nationally representative learning
assessment, GEM 2019 showed that just about half of the pupils attain
minimum proficiency in reading and mathematics by the end of the
primary level.
However, it is encouraging that assessing learning outcomes at primary
and middle levels of schooling is gradually becoming institutionalised
in the country. The latest such assessment—the National Assessment
Test—was carried out in public as well as private schools under the
aegis of the National Education Assessment System (NEAS) across
the country in the 2016-17 academic year. Fourth graders were tested
for mathematics and Urdu reading and writing and eighth graders for
science and English reading and writing skills.
According to Alif Ailaan’s education report, fourth graders in the
Punjab, Sindh, and Islamabad Capital Territory (ICT) scored higher
than the national average in the 2016 assessment. In eighth grade, the
Punjab is the only unit with scores higher than the national average in
all three assessments. ICT, Azad Jammu and Kashmir, Balochistan and
Gilgit-Baltistan have scores higher than the national average in one of
the English assessments.
While Sindh seems unable to maintain its gains in the primary level all the
way to middle schooling, a positive development noted by Alif Ailaan
is the institutionalisation of learning assessments at the provincial level.
The province started conducting a Sindh Assessment Test (SAT), with
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external audits, for fifth and eighth graders in 2013 and has continued
the practice every year up until 2018.
Of the other two provinces, Khyber Pakhtunkhwa (KP) has also started
externally administered assessments, with the first such exercise held
in 2018 showing that only half of the pre-primary level students could
pass the test. In Balochistan, the Alif Ailaan report notes improvements
insofar as legislation and setting up of institutions is concerned. However
implementation, including that of learning assessments, remains poor.
The report notes that assessments conducted by the provincial education
department encourages ‘rote learning and test memory rather than
conceptual clarity and understanding’.
Importantly, the National Assessment Test 2016 report noted that a
countrywide initiative (excluding Punjab) under which supplementary
readers were provided to students in the last three years seems to have
made little impact on reading and writing skills.
The ASER report 2018 registered an improvement in learning levels.
Fifty-two percent of fifth graders across provinces could read sentences
in English, compared to 46% in 2016, with Sindh still at the bottom of
the league at only 25%. Fifty-six percent could read a story in Urdu,
Sindhi or Pashto compared to 52% in 2016, with AJK, ICT and the Punjab
leading, while Sindh at (43%) had been overtaken by the newly merged
tribal districts (46%) who had previously come last.
Teaching quality: The quality of teaching imparted to the students is
crucial to the learning experience, and reports published in 2018 highlight
that there have been some achievements in improving teaching quality
and identifying areas where there is still great room for improvement.
A positive change noted in the Alif Ailaan reports is that all four
provinces have instituted a merit-based recruitment policy for teachers.
The National Testing Service (NTS) exams are used to assess and shortlist
school teachers. However, the promotions policy is still tied only to the
seniority of the teaching staff and does not incentivise performance.
Similarly, the NAT report identified a mismatch between teachers’
academic and professional qualifications and grades assigned to them.
For instance, it found that most of the teaching staff at the primary and
middle level was over-qualified, having settled for school teaching
because of lack of other opportunities. The report posited that these
personnel were unlikely to take the profession very seriously unless
their pay scales were improved and a service structure framed for them.
Measures to improve quality also need to factor in the strength of
teaching staff at various levels of schools. In this regard, an alarming
statistic surfaced in the Pakistan Education Statistics 2016-17 report

concerning teaching staff at primary schools. The report showed that
about 57 percent of the primary schools had no more than two teachers.
There was only one teacher for all classes in about 44 percent of these
schools.
School infrastructure
Though much progress has been made in provision of physical
infrastructure at schools across the country, according to the Alif Ailaan
province report, a look at specific statistics reveals the need to continue
on the trajectory to ensure a conducive environment for learning.
A large number of schools in rural areas still operate without a proper building
The Pakistan Education Statistics report released in 2018 states that 7.5
percent of schools across the country, most located in rural areas, still
operate without a building. Additionally, about 9.5 percent of school
buildings are temporary, made of katcha materials (mud, dry-grass, etc).
The report shows that a little over 30 percent of the schools still lack
electricity, drinking water, and toilet facilities, with the crisis most severe
in Balochistan where almost three-fourths of the schools are without
electricity, 40 percent without drinking water, and 64 percent without
toilets.
The ASER report says 32 percent of government schools do not have
useable water facilities, 42 percent have no toilet facilities, and 30 percent
have no boundary walls. Eleven percent of private schools have no
useable water, 13 percent no toilet facilities, and 20 percent are without
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boundary walls.
Curriculum
The GEM Reports assess national curriculum of all member states
in terms of inclusion of material on human rights, gender equality,
sustainable development, and global citizenship. The 2019 report found
no progressive change in the national curriculum of Pakistan over the
previous year. The degree of inclusion of content promoting gender
equality, sustainable development, and global citizenship remained
low, and the degree of inclusion of content on human rights was found
to be high, similar to the assessment the previous year.
No major initiative was witnessed on curriculum reforms. The only
significant initiative of the outgoing government of the Pakistan
Muslim League-Nawaz (PML-N), under which schools’ curriculum was
upgraded, remained limited to the federal capital.
In November, the Pakistan Tehreek-e-Insaf (PTI) government
announced the setting up of a National Curriculum Council. The
purpose of the Council will be to work towards the introduction of a
standardised curriculum in schools across the country. No progress was
made in the establishment of the Council by the end of the year. Similar
announcements were made by earlier governments as well, but were not
followed up with requisite actions.
School security
The GEM report included Pakistan among countries heavily affected
by attacks on education facilities, or use of such facilities by military
personnel.
The report also highlighted the plight of women teachers in the militancy-
hit regions in the former Federally Administered Tribal Areas (FATA)
and Balochistan. Based on a series of interviews with women teachers
displaced from these areas, the report found that they were reluctant to
return out of fear for their safety.
The year 2018 witnessed several incidents where schools were attacked
by militants. The major such attack was reported from the Diamer
district of Gilgit-Baltistan where militants torched 12 schools, mostly for
girls. Other incidents reported during the year were from the Tirah area
of the Khyber tribal district, Chitral district of Khyber Pakhtunkhwa,
and Pishin district of Balochistan.
In a note issued in the wake of the G-B schools attack, the Human Rights
Watch (HRW) highlighted that schools had been at the frontline of
Pakistan’s war against militancy at least since 2004 when nine schools
were burned down in the Diamer district. The HRW stressed the need
for the federal government to take responsibility for the security of

educational institutions, noting that the government could not simply
pass it on to provinces and school administrations.
These concerns were borne out by the only security audit conducted for
schools in 2018. The audit, restricted only to A+ category schools (with
500+ enrolment or foreign ownership) in the Punjab province, found
serious loopholes in security measures.
Corporal punishment
In its country report on Pakistan, released in December 2018, the Global
Initiative Against Corporal Punishment pointed out the need to amend a
controversial Article (no. 89) of the Pakistan Penal Code which provides
a defence of corporal punishment. Article 89 provides legal cover to
harmful acts done to children by guardians or those with legal authority
(teachers) which may be intended for the former’s good.
The Sindh government had already enacted legislation with the
Prohibition of Corporal Punishment Act 2016. On the orders of the
Lahore High Court (LHC), a notification was issued in January 2018
banning corporal punishment in both government and private schools.
The Peshawar High Court also directed the KP government to take
appropriate legislative measures to curb corporal punishment in the
province. In response, the Khyber Pakhtunkhwa (KP) cabinet approved
a draft Bill in April 2018 to make corporal punishment unlawful in both
government-run and private schools. The Bill prescribed a prison term
for up to six months or a fine of Rs 50,000, or both, for those violating the
law. The Bill now needs to be taken up by the new assembly and passed
as law.
Despite the notification and directions from the court, cases continued
to be reported throughout the year from the Punjab, KP, and other
provinces where children became victims of inexplicable violence meted
out by teachers.
A seven-year old child lost his life after being severely beaten by a
seminar teacher in the Shalimar area of Lahore in July 2018. In September,
a school headmistress at Government Girls Middle School in Sahiwal
tortured a young girl for using her toilet. The girl suffered severe injuries
and required several stitches to her private organs. The police refused to
register a case and asked the father of the victim not to take any action.
The same month, a four-year-old was reportedly taken to hospital in
Narowal after he was beaten by his teacher. Also in September, the
principal of Ali Angel School, Talagang, Chakwal was caught on video
brutally beating a child with a stick.
In the previous month a school teacher was also captured on video
brutally beating students at a public elementary school in Chitral. Earlier
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in May, a video of a teacher at Cadet College Mastung surfaced on social
media in which he was captured ruthlessly beating students with a stick.
In a first, a prominent Lahore-based all boys private school catering
to upper-income households featured in a social media campaign.
The school principal was accused by multiple alumni of the school
of promoting a culture of physical punishment in classrooms and on
campus.
Regulation of private schools – symptom of a deeper crisis
Though the majority of children still attend public schools across the
country, a sizeable number now go to private schools. The ASER report
revealed a shift in enrolments to public schools—77% in government
schools and 23% in private schools as compared to 74% and 26% in 2016.
Tuition fee hikes: It is clear that public schools (run by provincial
education departments) are not meeting the education needs of the
populace. However, tuition fee hikes at private establishments has
become a key issue of public policy over the last few years. Countrywide
protests pushed the provincial governments to promulgate ordinances
to regulate private schools’ fees. Eventually, the matter proceeded
to court and in December, while hearing appeals against decisions of
the high courts of Lahore, Sindh, and Peshawar, the Supreme Court of
Pakistan issued an interim directive to private schools charging more
than Rs5,000 a month for tuition to slash their fees by 20%.
Importantly, the question of law under debate in these court cases
did not concern education as a fundamental right (Article 25-A of the
Constitution), but the freedom (of private schools) to engage in business
(Article 18 of the Constitution). The ruling concerns only a minority
of schools catering to the education needs of upper and upper-middle
income quantiles. From a rights perspective, the private schools fee
regulation issue signifies that the state is not just institutionally incapable
of providing education to all children in the 5-16 years bracket; it also
does not yet have the political will to approach education as an issue of
rights.
Schools location: Owing to a lack of zoning regulations, most of the
private schools established in major cities during the booming of the
sector in the two last decades ended up located in residential quarters
and neighbourhoods. In the year 2018, the issue remained a bone of
contention between school administrations and government authorities
in Islamabad and Karachi. Following a directive of the Islamabad High
Court, the Capital Development Authority sealed such schools in the
month of July. Since the action was taken during the summer months
and the seals were removed on the orders of the Supreme Court in
August, it did not take a toll on educational activities at these schools.

Similarly, schools located in residential quarters in Karachi were notified
to either relocate or pay a commercialisation fee. As the year ended,
negotiations were still underway between the provincial authorities in
Sindh and the CDA in Islamabad to find a way out.
School closures
Schools across the country remained shut and exams were postponed
during countrywide riots incited by a far-right religious party in the
month of November.
Additionally, strikes by teachers’ associations and private schools
administrations also affected educational activities in specific areas
during the year. School closures were reported from Hyderabad and
Mohmand as teachers went on strike over unpaid salaries and lack of
service structures. In KP, private schools closed down for several days
in protest against a proposed law to regulate the sector.
The case of Afghan refugees
With its focus on migration and displacement, the 2019 GEM Report
includes an extensive note on the dismal state of education for children
of Afghan refugees in Pakistan. As with national trends in education,
female children and adults among Afghan refugees are worse off
compared to their male kin in access to literacy and schooling. The literacy
rate among women refugees is an abysmal eight percent, compared to 33
percent male refugees. Similarly, the access to primary-level schooling
for girl children is far less than for boys with a net enrolment rate of 18
percent against that of 39 percent among boys.
The GEM Report also mentions that most schools catering to Afghan
refugees continue to use the Afghan curriculum even though protracted
displacement has led to a second generation of refugees growing up in
Pakistan. This prevents these youngsters from integrating well into the
economic and political structures of the country.
Higher Education – enrolment and spending
In the tertiary education sector, a relatively low and declining enrolment
rate remains a persistent theme. At approximately 10 percent, Pakistan’s
gross enrolment rate compares poorly with most countries in the region.
India to our east has a 27 percent higher education enrolment rate, quite
close to the world average of 30 percent. Our western neighbour, Iran,
has an exceptional rate of 68 percent.
The change of government in the year 2018 affected spending on this
crucial sector. The outgoing PML-N government had allocated Rs35.8
billion for development expenditures of the federal Higher Education
Commission (HEC). Although the allocation was almost the same as that
of the previous year, it was still a step in the right direction given the
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actual amount spent during 2017-18 was scaled down to Rs32.9 billion.
In its mid-term budget announced in October, the new PTI government
slashed funding for the HEC to Rs30 billion.
The missing links of student and teacher wellbeing
Student and teacher-led protests were reported from most prominent
public-sector universities in the country, highlighting the dismal state of
administrative affairs in the higher education sector.
The issues that triggered protests included tuition fee hikes (University
of Peshawar); lack of issuance of degrees or failure on the part of the
administration to secure recognition with relevant professional bodies
(University of Sargodha Lahore sub-campus and Federal Urdu University
pharmacy department); absence of the vice chancellor (University of
Engineering and Technology at Taxila); and alleged misuse of the vice
chancellor’s office at Quaid-e-Azam University (QAU).
The removal of the vice chancellor of Lahore-based Information
Technology University set up by the previous provincial administration
left students and research in the lurch. By the end of the year, the
university was unable to renew contracts of at least 90 researchers as a
full-time VC had yet to be appointed.
Throughout the year, teachers at the largest public sector higher learning
institute of Sindh, Karachi University, remained at loggerheads with the
provincial government over delayed payment of salaries and lack of a
service structure. Strikes and boycott of classes were held in May and
August.
Another issue of significance that triggered protests at KU was a
controversial amendment to the Universities Act of 1973. After a
protracted protest, the government agreed to meet some demands
of the teachers’ associations such as keeping the final authority over
admissions policy with the academic council. However, a faction of
protesting teachers remained opposed to the Bill on the grounds that
it had paved the way for government interference in academic affairs
by tilting the balance of power in the university syndicate in favour of
members nominated by the chief minister. This faction also opposed the
removal of a clause related to student representation on the syndicate.
Academic staff at degree colleges across the Punjab also held protests
over lack of a service structure.
Two issues that highlighted the lack of a caring and conducive learning
environment in the outgoing year were, first, widespread sexual
harassment on campuses and, second, multiple reports of student
suicides. Harassment incidents were reported from leading public and
private universities, as complainants emphasised the lack of institutional

mechanisms and the complicity of administrations that resulted in
impunity for predators. Suicides were reported over unsatisfactory
academic performance from universities in Faisalabad, Chitral, and
Peshawar. The apparent suicide of a student at a private university in
Lahore was attributed in a social media campaign to depression. The
campaign also highlighted the lack of adequate counselling services
available at the university campus.
Lack of student representation
Students from prominent universities of Lahore organised a march, demanding the restoration
of student unions
Another year passed without any progress on the restoration of student

unions across public sector university campuses. In democratic states
the world over, student unions serve as platforms giving representation
to students in campus governance. In previous years, the issue has been
raised in Parliament, with resolutions passed by the Senate and Sindh
Assembly in support of union restoration, and the HEC chair has also
endorsed abolition of the ban. However, no concrete measures have yet
been taken.A direct consequence of the ban has been the strengthening
of students’ wings of political parties and in 2018, armed clashes
between students’ groups affected education activities at Quaid-e-Azam
University and Punjab University.
In the absence of any representation of students on administrative bodies,
the latter act in an increasingly paternalistic manner at our campuses.
This is evident in the tendency to act as moral police, particularly
affecting female students’ rights. In 2018, PU administration cut down by
50 percent a scholarship quota for students from Balochistan instituted
in 2012 by the then PML-N government in public universities of the
province. The unilateral decision of the PU administration brought
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down the annual scholarships from 100 to 53, depriving many deserving
students from remote areas of the western province access to higher
education.
Recommendations
• Consider a national campaign to improve the literacy rate.
• Improve public spending on education with particular focus on
Balochistan, former Federally Administered Tribal Areas, Azad
Jammu and Kashmir, and rural Sindh and Punjab.
• Immediately constitute the National Curriculum Council announced
by the government with a clearly defined timeline. The academia
and the policy and research community must be represented on the
Council.
• Improve the quality of government schools to counteract the trend
towards the privatisation of education to ensure that the state fulfils
its constitutional duty to provide good quality and affordable
education to all children.
• Require elite private schools to reserve a reasonable percentage of
seats in all classes for children from lower-income households to be
filled through a meritocratic framework.
• Conduct a performance audit of the Higher Education Commission,
review the commission’s current structure, and ensure greater
transparency in its proceedings.
• Restore student unions on campuses and make them viable
institutions for shared governance with equal representation of
women, as well as ethnic and religious minorities.
• Review tuition and other fees charged by public sector institutions
to evaluate if all households regardless of their income status can
afford higher education for their children.
• Restore the Punjab University scholarship quota for Baloch
students. Additionally, universities across the country must initiate
scholarships to ease access to higher education for children from
lower-income households.
• Address the root causes of the teachers’ protests and strikes which
concern working conditions and service structures.
• Put in place mechanisms in campuses to take up sexual harassment
complaints and to provide counselling services to students suffering
from depression or unable to cope with academic responsibilities.
• Ban corporal punishment in all its forms across all provinces through
legislative measures.

Health
The state shall secure the well-being of the people, irrespective of sex, caste, creed
or race…provide basic necessities of life, such as…medical relief, for all such
citizens…as are permanently or temporarily unable to earn their livelihood on
account of infirmity, sickness or unemployment…
Article 38(a) and (d)
Everyone has the right to a standard of living adequate for the health and
well-being of himself and of his family, including food, clothing, housing and
medical care and necessary social services, and the right to security in the event
of unemployment, sickness, disability, widowhood, old age or other lack of
livelihood in circumstances beyond his control.
Article 25(1)
Ideally, the state is responsible for providing quality and affordable

healthcare to its people and is supposed to focus on the preventive
aspect of the healthcare system to keep the disease burden low and
thus reduce the expenditure on treatment of patients.
The Constitution of Pakistan also terms provision of medical relief to
citizens a basic responsibility of the state. The reality is very different.
A very small percentage of the population in Pakistan can access
public health facilities while others have to depend on the private
sector service providers. Treatment at private hospitals is costly and
unaffordable for a huge segment of the population. As a result, many
people see no alternative but to visit quacks and unqualified medical
practitioners which all too often further complicates their health
conditions.
The situation is even worse in rural areas where people live far from
hospitals and basic healthcare units. Sadly, a large number of such
health units are ill-equipped and sometimes even non-functional, so
even those who have easier access to them are not served properly.
Pakistan is signatory to the UN’s 2030 Sustainable Development
Goals, and investment in healthcare facilities and infrastructure forms
an essential component of the agenda. It is vital that any austerity
Health 267
measures and budget cuts do not extend to the already neglected
health sector.
Various reports and statistics reveal that the burden of communicable
diseases such as tuberculosis, malaria, dengue fever, typhoid, viral
hepatitis, cholera, measles and other infections could not be controlled
in 2018 while a rising trend of non-communicable diseases—heart
disease, stroke, diabetes, hypertension and various types of cancers—
was also witnessed.
One major factor for this unsatisfactory situation is that the country’s
spending on the health sector is still less than one percent of its GDP
whereas WHO recommends it should be around 6 percent.
Public health
The quality and coverage of public health is unsatisfactory in Pakistan.
On average, the country spends well below half the health spending
benchmark (of $86 per person per year) for low-income countries,
according to the World Health Organisation (WHO) estimates.
Due to low coverage, people’s dependence on the private sector is
high due to which Pakistan is ranked amongst the top countries
having the highest percentage of out-of-pocket expenditures. Direct
expenses by the individuals on health-related services constitute
around 87 percent of private health expenditures.
This is despite the fact that investments in the health sector over the
years is said to have shown some improvement in health facilities and
healthcare providers. According to the figures mentioned in the
Economic Survey of Pakistan 2017-2018, by the year 2017 the number
of public sector hospitals had increased to 1,209, with 5,505 basic
health units (BHUs), 688 rural health centres (RHCs), 5,654
dispensaries, 727 maternity and child health centres, 431 TB centres,
and 126,019 hospital beds. These facilities, together with 208,007
doctors, 20,463 dentists and 103,777 nurses, represent the current ratio
of one doctor for 957 persons, and 9,730 persons per dentist, and
availability of one hospital bed for 1,500-1,600 people.
The increase in the number of cases of non-communicable diseases is
further evidence of how the public health sector has underperformed.
The three entirely preventable diseases—diabetes mellitus, cancer,
and hypertension—have been the major killers in Pakistan, with
rampant cases of infectious diseases such as dengue fever, Congo
virus, HIV/AIDS, hepatitis, poliomyelitis and TB adding to the toll.
The multiple nutrition and health-related indicators are also not
encouraging. For example, according to the United Nations Food and
Agriculture Organisation (FAO) findings, 37.5 million people in

Pakistan’s spending on the health sector is still less than one percent of its GDP
Pakistan are not receiving proper nourishment. A recent World Bank

report said that 38 percent of children in the country are stunted (see
Children).
Budget allocations to health
According to a UN report, Social Outlook for Asia and the Pacific,
Pakistan is among the countries in the Asia-Pacific region that spend
the least on social protection, healthcare, and education.
In a general election year, the budget allocations were never likely to
be stable, or even fully utilised, given that federal and provincial
budgets were only authorised for three months. The federal
government announced a full-term budget in May, despite protests
that it should only be for three months, and slashed its Public Sector
Development Programme (PSDP). Under the PSDP, Rs37bn was
allocated for basic health. The newly elected government lost very
little time in announcing that tough economic measures were necessary
and pledged to introduce major changes to the federal budget 2018-19
to make it ‘realistic’.
In October, the Punjab government proposed an allocation of Rs137.91
billion for the health sector for the remaining period of the fiscal year
2018-19. Health insurance programmes would see an increase of 36
percent, and the launch of the Insaf Sehat Card was also announced.
The previous provincial government had decided in May not to pass
‘the burden of our development works onto the next government’ and
had not presented a new budget.
The Sindh government in May had reduced the development
Health 269
component of the health budget by Rs3bn, and allocated a separate
Rs5.1bn to deal with malnutrition and stunting. The finance minister
said the next government could add new schemes. In October,
however, the government announced it was slashing the funding of
new development schemes because of financial restraints resulting
from a shortfall in federal transfers.
The KP government had earlier declared that an outgoing
administration had no mandate to present a budget for 2018-19.
Their budget in October for the remainder of the fiscal year set aside
Rs78bn for healthcare, including Rs12bn for developmental projects.
Having presented a budget with a deficit of approximately Rs62bn,
the Balochistan government allocated just 8.7pc of its revenue to the
health sector in May. In October, the finance minister announced a
Rs75bn deficit in the current budget and looked to the federal
government for assistance. He admitted that, after education, a
major allocation had been taken up by the law and order situation,
and that had meant spending on health had suffered.
National programmes
After the passage of the 18th amendment to the Constitution of
Pakistan and devolution of health as a subject to the provinces, the
role of the federal government has become limited. However, it
does carry out national programmes and manages projects funded
by international donors. The health sector is one area in which
coordination between the federal government and the provincial
governments is crucial, as the disparities in the funding and
provision of vital health services across provinces reveal very
different approaches to healthcare.
The Drug Regulatory Authority of Pakistan (DRAP) works under
the federal government and regulates the pharmaceutical sector
besides fixing medicine prices and granting licenses.
The National Nutrition Programme (NNP) 2017-18 is an important
initiative keeping in view the results of a survey initiated by the
Nutrition Wing at the federal level. The survey covered 120,000
households and gathered district specific data. It also includes
Water, Sanitation and Hygiene (WASH) indicators, and adolescent
and childhood obesity. The process is being monitored and
supervised through national steering and technical committees for
the National Nutrition Survey (NNS).
Furthermore, the deserving are being provided with health services
through the Prime Minister’s Health Programme. Under this
programme 30 lakh families in 41 districts were reported to have

been provided free of cost services in public and private hospitals.
This programme offers free of cost health insurance to 3.2 million
families (in the Punjab, Balochistan and FATA in its two phases) living
below the poverty line of US$2 per day to access cashless health care
services package of 0.3 million rupees per family per year. The
beneficiaries can avail facilities in both the public and private sectors
through a health card issued by the government.
The federal government has also allocated Rs7.835 billion for the
Expanded Programme on Immunisation (EPI). The scope of this
programme is being extended to all districts in the country. This
programme would help in achieving targets of Sustainable
Development Goals and Universal Health Coverage.
The disparities in the funding and provision of vital health services across provinces reveal very
different approaches to healthcare.
A National Hepatitis Strategic Framework has been developed

together with the provinces to deal with the increasing cases of
hepatitis. Prices of hepatitis drugs have been brought to the lowest
level and its production in the country is encouraged. Uninterrupted
supply of vaccines has been ensured for the vaccination programme
for mothers and children, and its storage and distribution systems are
ISO certified.
Production of vaccines in the National Institute of Health is said to be
to international standards. Keeping in view the necessity of authentic
data in policymaking, an international standard dashboard has been
Health 271
established at the federal level, and the government has decided to
undertake an international standard survey after every 2-3 years.
Mental Health
At the end of the year, the Pakistan Association for Mental Health
(PAMH) said the country was becoming increasingly ‘depressed’ and
expressed deep concern over the rising incidence of mental disorders,
especially in Karachi. According to officials, stress levels were
worsening over time, and every fourth house had a mental health
problem requiring specialised treatment. The PAMH said that 25
percent of the people with mental disorders suffered from depression,
and the number of women with depression was twice that of men. The
cited causes of stress included the law and order situation, political
instability, and the erratic supplies of necessities such as electricity,
water, and gas.
Suicide is the tragic recourse of many people suffering from mental
disorders. The alarming suicide rates in the country—HRCP recorded
1,338 (786 men and 552 women) in 2018—gives some indication of how
many people are affected who do not have access to psychiatric services
of diagnosis, treatment and support. Distressing reports regularly
appear in the newspapers. In Sheikhupura in May, Sarfaraz killed his
three children before committing suicide after his wife left them. In July,
an ASI in Lahore reportedly committed suicide after being refused leave.
In September, 26-year-old model Anam Tanoli took her own life in
Lahore after hitting out at online bullies. She had reportedly been
battling with depression.
There were reports of several student suicides in Khyber Pakhtunkhwa
over poor exam results. By mid-November, the number of suicides had
reached 43 in Tharparkar alone, and rising suicide rates were reported in
Chitral and Gilgit-Baltistan, particularly among students and married
women. Although some of these could be attributed to other causes of
death, it is clear that poverty, crime, injustice, intolerance, socio-
economic, and family pressures are taking a drastic toll on the more
vulnerable.
Pakistan signed up to the World Health Organisation’s comprehensive
mental health action plan (2013-2020), adopted by the 66th World
Health Assembly. The principle of human rights is deeply embedded
in the plan, but there is no evidence that Pakistan has developed a
coordinated national strategy to achieve the objectives.
Sindh passed a Mental Health Act in 2013, but failed to form a Mental
Health Authority until October 2017. In May 2018, the Sindh High
Court heard a petition for the proper implementation of the 2013 Act
as well as the Sindh Mental Health Rules 2014. The chairman of the

Authority told the court that he had time and again approached the
authorities for funds but none had been forthcoming. The court
directed the chief secretary to immediately look into the matter to
ensure that the summary for the allocation of funds was approved
within seven days. By the end of the year, no action was evident.
The Punjab passed its own Act in 2014 and authority was given in
December 2016 to set up a Mental Health Authority. In October 2017,
the Minister for Specialised Healthcare and Medical Education said
the Authority would be activated. Again, no progress has been made.
The KP government finally passed its Mental Health Act in 2017,
establishing a Mental Health Authority, which has apparently yet to
be constituted.
Malnutrition (See also Children)
Food insecurity is said to be one of the greatest challenges faced by Pakistan
The Ministry of Planning Development and Reform with support

from the World Food Programme (WFP) launched the Pakistan Multi-
Sectoral Nutrition Strategy 2018-25 (PMNS) in May 2018 to address
the nutrition crisis in the country.
Food insecurity is said to be one of the greatest challenges faced by
Pakistan and the overall prevalence of undernourishment is estimated
Health 273
to be about 18% of the entire population. Factors contributing to
undernourishment are given as poverty, the low literacy rate, lack of
decision-making power given to women, inadequate living conditions,
and poor access to healthcare facilities. However, there are disparities
across provinces and the reasons need to be identified and addressed.
For example, undernourishment tends to be greater in regions more at
risk from climate extremes which affect agricultural production,
resulting in less food for people to eat.
A recent official report, ‘The Economic Consequences of Under Nutrition
in Pakistan: An Assessment of Losses’, linked malnutrition with the
economy. The report was prepared by the Pakistan Scaling Up
Nutrition (SUN) Secretariat, in collaboration with the United Nations
World Food Programme (WFP).
According to the report, the deaths of more than 177,000 children
annually in Pakistan before their fifth birthday is due to them or their
mothers being afflicted with malnutrition. This translates into the loss
of future generations of the workforce and a cost to Pakistan of an
estimated US$2.24 billion per year—more than two-thirds of Pakistan’s
children suffering from anaemia, iodine deficiencies, or stunting will
suffer deficits in mental and physical health, resulting in lower school
performance and lower productivity as adults.
Dengue
The three provinces where the dengue virus is rampant and responsible
for sporadic outbreaks are KP, the Punjab and Sindh. In 2018, a total
2,088 dengue positive cases were reported across the Sindh province
while two people died. In Rawalpindi, as many as 421 dengue patients
were admitted to hospitals during the year, including five in December.
The departments concerned focused throughout the year on drives to
locate dengue larvae, observe cleanliness, carry out fumigation at
different places, and ensure water was not stored in open containers
or left to accumulate in open spaces.
The National Institute of Health (NIH), Ministry of Health Services,
recently launched an Android-based app called Mosquitoes Alert in
Pakistan to help people learn about the types of mosquitoes in their
area and the types of diseases they cause. The institute has also
established well-equipped Disease Surveillance and Response Units
(DSRUs) in provinces for the prevention and control of dengue.
The NIH has also prepared a Dengue National Action Plan and shared
it with the provinces for implementation. Provincial governments are
implementing measures for vector surveillance and control which
needs to be enhanced during the high transmission season.

Polio
This year 10 cases of wild poliovirus were reported in the country
including three from Dukki district in Balochistan, one from Charsadda
in Khyber Pakhtunkhwa and one from Gadap, Karachi, one from
Khyber and two cases from Bajaur tribal districts in Khyber
Pakhtunkhwa.
One poliovirus case each was discovered in Lakki Marwat district in
KP and Bajaur Agency in the erstwhile FATA in December 2018.
Positive results of environmental samples in Rawalpindi were,
according to the Rawalpindi Division Commissioner, due to the
continued movement of Afghan refugees in Rawalpindi and he urged
officials to particularly focus on the vaccination of Pakhtun children.
Twenty-one cases of poliovirus had been reported in Afghanistan.
An immunisation campaign against polio was launched on 10
December 2018. A total of 270,000 frontline workers went door to door
across all provinces and towns to ensure more than 38.7 million
children under the age of five received two drops of the vaccine.
Government sources said the major challenges to the eradication of
poliovirus from the country was the resistance from parents.
Swine flu
The first case of influenza H1N1, commonly known as swine flu, of the
season that spans over the months of December and January was
reported in the Benazir Bhutto Hospital (BBH) on 24 December 2018.
The patient died before the report confirming the diagnosis arrived
from the National Institute of Health (NIH).
The main problem is that people cannot differentiate between common
flu and swine flu and only seek medical treatment when their condition
has significantly deteriorated. Prevention by vaccination is the best,
but it cannot be provided to everyone due to cost and dependence on
imported vaccines.
Hepatitis
Pakistan has set a target of eliminating hepatitis B and C from the
country by 2030 which seems an unrealistic target, given that there are
millions of patients who are still undiagnosed and are spreading these
infections to other people.
Reports released by national entities and the World Health
Organisation (WHO), estimate that Pakistan, a country with a
population of 200 million, has five million (2.5 percent) hepatitis B and
10 million (5 percent) hepatitis C patients. Pakistan needs 10,000 liver
transplants every year. WHO points out that about 50,000 people in
Pakistan die annually from hepatitis B and C related liver disease. The
Health 275
Punjab has the most cases followed by Sindh, Khyber Pakhtunkhwa
and Balochistan.
The Pakistan Health Research Council, under the Ministry of National
Health Services, Regulation and Coordination, is coordinating the
hepatitis response at federal and provincial level, through a ‘Technical
Advisory Group’. Additionally, the private sector is also playing a
significant role in hepatitis treatment. Awareness about active
screening and testing against hepatitis C is vital so that people can
seek timely treatment.
Diabetes
One in every four persons aged 20 years and above is said to suffer
from diabetes, which represents a massive increase from 8.7 percent in
1994-98 to 26.3 percent in 2016-17. This was revealed in the second
National Diabetes Survey of Pakistan (NDSP) 2016-17, released in July
2018 by the Baqai Institute of Diabetology and Endocrinology (BIDE)
in collaboration with the Health Ministry, Pakistan Health Research
Council, and the WHO-funded Diabetic Association of Pakistan.
It was reported in September that Denmark would be helping the
Punjab government to organise a diabetes awareness programme,
having already successfully run a similar one in Khyber Pakhtunkhwa.
Thalassaemia
Thalassaemia, a genetic disorder, is on the increase in Pakistan where
lack of knowledge and ignorance continues to complicate the problem.
Thalassaemia affects the red blood cells and ultimately makes the
patient blood-transfusion dependent for the rest of their life. Around
6,000 children are estimated to be born every year with the deadly
disease of Thalassaemia major.
Thalassaemia is an inherited disease and can be passed on to a child
from a parent who is a carrier. For this reason, there is an ever-
increasing demand to make pre-marital screening for this disease
compulsory.
Recently, the Punjab Health Department opened a discussion on a
proposed Thalassemia Bill, under which males would have to undergo
testing for their Thalassaemia status before their marriage. If a male is
diagnosed as Thalassaemia minor, the would-be spouse would also
have to undergo screening.
Under the Bill, a couple with the Thalassaemia gene in one individual
could marry but if both are carriers, then they would be advised to
conduct a pre-natal test during the initial stage of pregnancy to avoid
the birth of a Thalassaemia child.

Thalassaemia affects the red blood cells and ultimately makes the patient blood-transfusion
dependent for the rest of their life
Amendments to the current Nikahnama have also been proposed in

the draft Thalassemia Bill 2018.
Malaria
According to estimates, nearly 50,000 deaths in Pakistan can be
attributed to malaria and co-morbidities every year but its prevention,
diagnosis and treatment along with recording of data are still not
being given due attention both at the federal and provincial levels.
The World Health Organisation complained about challenges in the
fight against malaria in Pakistan, especially in erstwhile FATA and
Balochistan, where 80 percent of the nationwide mosquito-borne
disease incidence is reported. Malaria is the second most prevalent
and devastating disease of the country as approximately 60 percent of
the population lives in areas where the disease is endemic—
Balochistan, Khyber Pakhtunkhwa (including the tribal districts of
FATA) and Sindh.
Pakistan has secured grants worth US$39.2 million to implement
malaria control intervention in 66 districts of Pakistan under a New
Funding Request of the Global Fund.
District health department teams across the country have been
carrying out activities in the field to fight malaria which are almost the
same as needed to avoid dengue fever outbreaks, particularly
regarding vector control and mosquitoes.
Health 277
Tuberculosis
Tuberculosis (TB) continues to be the top infectious killer worldwide,
claiming over 4,500 lives a day. Pakistan, with 267 cases per 100,000
population, is ranked 5th amongst eight countries on WHO’s list of
high TB burden countries accounting for two-thirds of the world’s
cases. Pakistan also has to position itself to tackle the emerging threat
of Multi-Drug Resistant (MDR) TB and already has an estimated
27,000 cases of that strain.
The WHO Global Tuberculosis Report 2018 (2017 figures) show that
525,000 people were affected by TB—359,224 cases notified and
165,776 people not notified or not diagnosed. These comprised 291,000
males, 235,000 females, and 57,000 children. A total of 56,000 people
died of the disease, including 2,200 infected with HIV. The majority of
cases were attributed to undernourishment.
So far, the National TB Control Programme (NTP) claims to have
achieved over 80 percent Directly Observed Treatment System (DOTS)
coverage in the public sector and provided care to more than half a
million TB patients. However, under DOTS, the patient is directly
observed by a healthcare visitor in taking treatment and there is doubt
over whether the management of public sector hospitals have properly
implemented this.
According to WHO, the national TB budget for 2018 was US$118
million (3% domestic, 54% international, 43% unfunded). The Global
Fund for HIV, TB & Malaria provided 70 percent of medicines.
HIV/AIDS
A report submitted by the NHS ministry in the Supreme Court in
October stated that 60,000 people in the Punjab had AIDS, 52,000 in
Sindh, and 17,000 each in Khyber Pakhtunkhwa and Islamabad. The
data was prepared for a suo motu case on the high rate of HIV/AIDS in
Jalalpur Jattan which, according to the report, had 130 people with the
disease.
The National AIDS Control Programme (NACP) said that nearly 150,000
people were living with HIV in Pakistan, out of which 25,000 people
were registered with NACP while a large number of patients were
receiving treatment from NACP centres.
However, officials said that the majority of cases go unreported due to
social taboos about sex and the victims’ fears of discrimination. Official
estimates show that Pakistan has seen a 45 percent increase in new HIV
infections since 2010. WHO said that Pakistan was registering
approximately 20,000 new HIV infections annually, the highest rate of
increase among all countries in the region, adding that mortality among

Pakistanis living with the virus, which causes the deadly AIDS disease,
is also rising, in spite of the availability of lifesaving antiretroviral
therapy.
According to a government report, certain parts of the Punjab,
including Lahore, Dera Ghazi Khan, Multan, Rawalpindi, Gujrat,
Faisalabad, and Sargodha are among the vulnerable areas. Towards
the beginning of the year, an outbreak of HIV/AIDs in a small village
in the Sargodha area caused alarm—35 cases were confirmed out of
2,717 tests carried out after elders brought the matter to the attention
of the Punjab government.
In November the Sindh AIDS Control Programme (SACP) reported
that 22 people had died from HIV/AIDS in the Sindh province during
the year, of which 19 were male and the remaining three were female
patients. The SACP recorded 2,462 new HIV/AIDS cases at six HIV/
AIDS Treatment Centres from January to November and out of them,
2,112 were men, 220 women, 58 transgender persons, 42 boys, and 30
girls.
Also in November, the number of HIV/AIDS patients in Balochistan
was reported to have crossed the 5,000 mark, with 231 deaths. The
same report mentioned that around 71 prisoners incarcerated in
different jails had been found to be infected with HIV/AIDS.
Approximately 50 NGOs, members of the Provincial HIV/AIDs
Consortium, are believed to be involved in creating awareness of HIV/
AIDS in the public but they are reaching less than 15 percent of the
population at risk.
Cancer
A huge number of Pakistanis—1,48,041—are diagnosed with cancer
annually, making the country 7th among those with the largest number
of patients around the world. According to the Pakistan Health and
Research Council, around 148,000 new cancer cases are diagnosed
annually in Pakistan. There are insufficient facilities and medical staff to
deal with the vast number of people requiring treatment.
There are reportedly 40,000 deaths annually from breast cancer, with
one in nine women at risk. Approximately 83,000 new cases are reported
every year.
The Chairman of the Pakistan Atomic Energy Commission (PAEC) said
900,000 cancer patients get treatment every year from the 18 hospitals
established by PAEC, which received Rs30 billion from the government
for upgradation of hospitals and maintenance of equipment.
The health department in Khyber Pakhtunkhwa in September stated
that their public/private initiative for free cancer treatment had received
Health 279
international recognition. The private company spent 90 percent and the
government met 10 percent of the total expenditure incurred on the
treatment of patients. The initiative had benefited 2,100 people with an
88 percent survival rate at Hayatabad Medical Complex, Peshawar, and
had been replicated in Sindh and the Punjab.
Recommendations
• Increase the budgetary allocations for public health from the existing
less than one per cent to recommended levels.
• Improve the quality of public health services and make their cost
more affordable.
• Regulate the private health sector in the interests of the public.
• Focus on the preventive as much as the curative aspects of diseases.
• Incorporate health awareness programmes and campaigns into
health policies.
• Develop screening programmes for different diseases to ensure
early detection and treatment.
• Appoint qualified doctors and paramedics at healthcare facilities in
rural areas, and offer incentives.
• Adopt a zero-tolerance policy towards quacks who put the lives of
innocent people at risk.
• Ensure the availability and uninterrupted supply of medicines in
the market, particularly the life-saving ones.

Housing, Land Grabbing

and Public Amenities
The state shall secure the well-being of the people, irrespective of sex, caste, creed
and race, by raising their standard of living.
Constitution of Pakistan Article 38(a)
Everyone has the right to a standard of living adequate for the health and wellbeing
of himself and his family, including ... housing
Universal Declaration of
Human Rights Article 25 (1)
The States Parties to the present Covenant recognise the right of everyone to an
adequate standard of living for himself and his family, including adequate food,
clothing and housing, and to the continuous improvement of living conditions...
International Covenant on Economic, Social
and Cultural Rights Article 11 (1)
Hundreds of illegal housing societies, scores of real estate businesses, as

well as massive encroachments, occupations, land-grabbing, illegalities
and irregularities of housing plans occurred in 2018. Informal settlements
and grand housing plans in all the large and small towns of Pakistan
continued unabated. The real estate mafia did a roaring business at the
cost of agricultural lands, recreation facilities, parks, picturesque places,
forests, and water bodies. The number of accidents involving both
public infrastructure and residences did not decrease. Despite some
efforts, graveyards and worship places still remain short of adequate
regulation. Although some actions were taken to regulate housing and
amenities—anti-encroachment drives and certain legal, administrative,
political, and policy measures—much still remains to be done.
A countrywide move to abolish illegal occupation was commenced by
the new government, but the corresponding rehabilitation plans for the
poor and the small shopkeepers cum vendors, as well as debris removal
activities, were slow and disorderly.
Official notifications and declarations of certain schemes as illegal, as
well as petitions and suo moto actions taken by the apex court, played an
important role in banning or staying certain trespasses of public lands,
housing or residential plans. However, they barely went beyond basic
measures. Notifications were issued and many of the housing schemes
and societies were declared illegal but implementation remained slow,
Housing, Land Grabbing and Public Amenities 281

ill-planned and very limited.
Despite the new government’s campaign for the provision of low-cost
housing for the poor, adequate housing arrangements still seem to be
a far cry away. With rapid in-migration and urbanisation, the number
of required housing units has reached several hundred thousand and
rises with every year. Both the government and market have failed to
provide suitable and regularised housing for the poor and low-income
communities.
Land grabbing
Though some notable efforts were made to stop land grabbing and
illegal encroachment, 2018 was not much different from previous years
in respect of land grabbing, illegal occupation, encroachment and china
cutting. The process continued in both large and small towns but with
far more speed and intensity in the bigger cities of the country.
Bahria Town in Karachi now sprawls over more than 30,000 acres in
district Malir. Hearing a review petition In June 2018, the Supreme
Court of Pakistan asked the National Accountability Bureau (NAB) to
suspend all ongoing charges and investigations against the management
of Bahria Town, although NAB had already said in May the same year
that it had irrefutable evidence of illegal land transfer of land to Bahria.
According to the media, NAB was of the opinion that ‘no land grab
takes place without the collusion of the bureaucracy and the backing of
powerful lobbies.’
A video of a brawl between supporters of two ruling party legislators in
Karachi went viral on social media while they were flinging allegations
against each other of grabbing government land and occupying people’s
property. The Sindh Anti-Corruption Establishment (ACE) opened an
inquiry into mutual allegations of land grabbing and said legal action
would be taken against the elements involved in the practice, no matter
how influential the alleged culprits.
During a visit to the city, the former Governor Sindh directed authorities
to take immediate steps to solve the fundamental problems of citizens.
Reportedly, the Governor pledged to take firm notice of the occupation
of the cottage industry’s land by the land mafia in Baldia Town.
Outraged by the inaction, he commanded local police to launch an
operation against the people involved, including those occupying land
of the cottage industry.
About 31,687 kanals of land belonging to the Board of Revenue, 636
kanals of the Lahore Development Authority (LDA), and 35 acres of
land owned by the Forest Department had been encroached upon by
land grabbers. Similarly, around 32 buildings and some plots of the

Metropolitan Corporation (MC) fell prey to land grabbers. So much so
that the Walled City of Lahore Authority’s land was occupied by the
land mafia.
In Muzaffarabad, Azad Jammu and Kashmir, the land of historical Hindu
temples was occupied by the local land grabbers in district Kotli. The
Supreme Court of AJK directed the head of the Tourism and Archaeology
Department and Deputy Commissioner, Kotli, to investigate and submit
a detailed report within two weeks. The Chief Secretary was advised
to issue necessary orders to the relevant authorities to comply with
the judgments already handed down in this regard. Referring to the
previous judgment, the bench clarified that the land in the vicinity of the
temples was not an evacuee land to be allotted to any person, nor could
it be used for any other purpose.
A number of complaints against illegal occupation and land grabbing
were lodged with the Inspector General of Police (IGP), Islamabad. The
IGP ordered a campaign to be launched against land grabbers across the
city in November 2018 and said that all resources would be utilised and
assistance of other departments, where necessary, would be sought to
track down and arrest land grabbers.
The incumbent government launched a Punjab-wide drive in August
2018 against encroachments and land grabbing. In September, the
newly-elected Prime Minister directed the provincial Chief Ministers
and Cabinet Members to immediately launch an anti-encroachment
drive and take action against land grabbers across their respective
provinces. The PM also advised CMs of all the provinces to immediately
disconnect gas, telephone and electricity connections of the illegal
occupants. Some respite was given to widows, orphans and the destitute
to help them collect their belongings. At the end of the year, a major anti-
encroachment drive was still ongoing in all major cities of the country.
Trespassing of housing schemes and societies
Illegal housing schemes, residential societies and duplicitous real
estate projects were rife across the country in 2018. China cutting, i.e.
resizing and using land designated for civic amenities to the public for
residential and commercial plots, also continued, mainly in metropolises
of the country but also in urban towns of the large cities. Development
authorities lack enforcement personnel as well as adequate mechanisms
to effectively curb fake and fraudulent housing schemes. Usually, the
relevant judicial magistrate is unavailable to deal with such cases and
the police more than often fail to cooperate.
Three police officers in Multan were terminated from service, including
the former Station House Officer, over their negligence in connection
with the murder of a builder on 9 April allegedly by ‘land grabbers’.

On 23 April, six police officials, including the terminated ones, were
suspended after an inquiry was held against them on charges of
negligence, misconduct and inefficiency. In the same connection, police
also arrested the ‘record keeper’ of the land registration branch, Multan.
The Government of Sindh was instructed by the National Accountability
Bureau to monitor cooperative societies to contain corruption and protect
citizens from land grabbing and the land occupying mafia. Citizens were
also provided with info-guidance on what to watch out for and avoid
while buying land in any housing scheme or society. The purchase,
transfer or conversion of land for new housing societies and schemes is
usually not very transparent.
Upon hearing the case of the forensic audit of housing societies in October
2018, the Chief Justice said that the records of housing societies had been
deliberately set ablaze. The Supreme Court restricted the Government of
Punjab from granting approvals to new housing societies.
In September 2018, LDA issued a list of all illegal housing societies in
Lahore that included Al-Rehmat Town, Theme Park View Housing
Scheme, Kamboh Colony, Bin Alam City and several others. The LHC
ordered the government to register illegal housing societies all over the
Punjab and to complete the process within a month, as well as constitute
a high-level committee to examine the whole situation and report back.
Earlier, NAB’s forensic audit team had sealed the offices of more than 17
illegal housing societies in Sargodha and ordered the relevant authorities
to stop selling plots or houses. Also, the Director General NAB, Lahore,
said that about 700 housing schemes in the city were illegal and held that
the regulatory authorities were responsible for irregularities in these
societies.
While distributing possession letters worth Rs4.5 billion among 200
affectees of Khayaban-i-Amin, he warned that the Bureau would take
stern action against the ‘housing regulator’ for failing to discharge its
duties by the book.
Since the completion of the deep-sea port in Gwadar, and with the
ongoing CPEC project, several new housing schemes have been cropping
up across the coastal town of Gwadar. NAB in Balochistan conducted
an audit and also confiscated records of more than 70 (allegedly) fake
housing schemes in Gwadar, an action disputed by the Developers and
Builders Association (Balochistan) on the grounds that all the schemes
possessing No Objection Certificates (NOCs) could not be operating
fraudulently.
The negligence of the Capital Development Authority (CDA) is
gradually giving Islamabad a slapdash appearance, particularly with
the proliferation of both legal and illegal housing societies. Around 150

Records for more than 70 allegedly fake housing schemes in Gwadar were confiscated by NAB
housing societies are operating within the capital. Most of them lack civic
facilities such as schools, playgrounds, parks, graveyards, and mosques.
Land designated for amenities is being misused by their operators.
In October, the CDA directed all housing societies to seek approval of
their building plans or action would be taken against them. The CDA also
planned to start action against societies violating the approved layout or
changing the public utility areas reserved for playgrounds, post offices,
schools, parks or mosques and parking spaces into residential areas.
The Capital Development and Administrative Division (CADD), CDA
and IESCO now fall under the Ministry of Interior (MoI). The MoI asked
the CDA to disclose names of the officers concerned who facilitated
illegal possession of the land in and around Islamabad. In a drive to
retrieve the state land from unlawful expropriation by housing societies,
the said authority retrieved around 250 acres (2000 kanals) land from the
illegal possession of a private housing society.
As an outcome of stringent action, close to 54 of the ‘approved housing
societies’ in and around Islamabad submitted their affidavits to the CDA
to begin their residential and commercial construction. But the china
cutting process has not spared Rawalpindi and Islamabad as certain
areas in and near Rawal Dam, Sectors G-13 and E-11 are also falling
victim to this practice.
Housing finance and public housing schemes
There is a deficit of roughly 7 to 10 million houses in the country.
The Pakistan Mortgage Refinance Company (PMRC) has already
commenced its operations with initial funds of Rs6 billion. The company
offers housing loans and mortgages to borrowers and end-users at an

affordable rate and, according to the CEO National Bank of Pakistan
(NBP), deals with the housing problems for the low-income populations
of the society while helping to minimise the number of slums. Housing
finance, increased by 16.2% during the FY 2017-18, surpassed Rs10 billion
which indicates phenomenal growth, but the number of borrowers
declined due to the rising finance costs.
Provision and facilitation of housing is one of the most complex social
development ventures as the ‘why’ and ‘how’ of housing always needs
careful assessment. The present government considers housing as its
flagship programme to address the country’s dwindling economy.
The State Bank of Pakistan has taken the Government and the PMRC
on board while announcing its ‘Policy for Promotion of Low-Cost
Housing Finance’ to provide cheap financing. In its recent mini-budget
the Government allocated only Rs4.5 billion for construction of 8,276
low-cost-housing units against its ambitious plan of constructing 5
million new housing units. The project is likely to receive the support
of a US$145 million housing loan from the World Bank in March 2019.
Failure to provide low cost housing
Pakistan is the fastest urbanising country in South Asia. Its annual
demand stands at 700,000 housing units but approximately 250,000
units are available. The annual urban demand is around 350,000 housing
units per year, out of which 62% for lower-income-groups, 25% for
lower-middle-income-groups, and 10% for higher and upper-middle
income groups is required. Urban supply barely touches 150,000 units.
By certain other estimates, demand for housing increases by 250,000
units every year while a backlog of almost nine million units already
exists. No mega housing scheme has been launched for decades, while
the demand has multiplied by densification of existing low and lower-
middle income settlements. The rural-urban migration is increasing at
a phenomenal pace. The villages are no longer capable of supporting
their inhabitants, particularly in economic terms. As the shortage of
houses grows, the massive number of poor families are at the mercy of
the rental market and the informal sector.
Despite tall claims by successive governments, progress around low-
cost housing schemes for the poor has either stalled or been extremely
slow. It cannot keep up with the overwhelming crisis of overcrowding
and the challenge of housing thousands of people in big and small
cities, especially in Karachi. Unless a comprehensive housing plan is
implemented, the situation can only worsen. Unplanned, informal and
illegal settlements proliferate and the state and the market repeatedly
fail to provide adequate housing to low-income families. After the mega
publicity drive of the Naya Pakistan Housing Programme (NPHP), in

People waiting outside the DC Office in Faisalabad to register for the Naya Pakistan Housing
Schemes. Similar scenes were witnessed across the country.
which the ruling party announced that it would build 5 million affordable
houses throughout Pakistan in collaboration with the Association of
Builders and Developers of Pakistan (ABAD), the Housing Task Force’s
Chairman revealed in November that the applicants would have to bear
20% of the total cost of their dream home as down payment.
Land record and revenue
The Punjab Land Record Authority (PLRA) had undertaken the
centralisation of data to be made available to all tiers of governance up to
union council level. It also planned to introduce mobile land record vans
after the completion of data by the Computerised Land Record Centres
(CLRCs) in all the 36 districts of Punjab to facilitate people in obtaining
ownership documents of their properties at their doorstep. The Punjab
government claimed to have established CLRCs in 28 out of 36 districts.
However, the efficiency of the system has yet to be evaluated. In Taxila
it was reported that the Land Records Management Information System
(LRMIS) failed to deliver due to the unavailability of trained staff and a
poor computer system.
It was reported in February that the local residents faced difficulties in
getting their property-related issues such as sale, purchase and transfer
of land redressed. Those seeking a fard (record of rights) of their land
had to get to LRMIS centres early in the morning and faced long queues
to obtain tokens and receive a single-page document. The staff at the
centres issued 50 tokens a day. Reportedly, there were 15 data entry
positions and 10 of them were vacant.

Land record computerisation was claimed to be in the interests of the
public by minimising the role of patwaris (revenue officials). However, it
was reported in August that patwaris with influential connections were
still being given postings in ‘lucrative’ revenue circles.
Encroachment of parks and public amenities
Hearing a constitutional petition filed by the former Nazim of the
Karachi Municipal Corporation, the Supreme Court directed relevant
authorities to immediately remove all illegal constructions, including
marriage halls, with the exception of swimming pools, a skating rink
and squash or tennis courts along the Kashmir Road. The apex court also
issued a notice to the Sindh Advocate General to assist in implementing
its orders. The Court directed KDA to remove all encroachments and
illegal constructions from public parks within two days.
Hearing another petition against non-compliance of court orders, the
SC’s two-member bench observed that amenity plots in the city had been
allotted to private individuals and the allotments should be cancelled
immediately.
Evictions and land disputes
A Judicial Commission ordered Mansehra’s Administration to evict
illegal occupants from land acquired for the New Balakot housing
project. The orders were issued after a meeting organised by the Chief
Justice’s Principal Staff Officer of the Peshawar High Court.
As in previous years, demolition, evictions and displacement of
makeshift residents in the urban and peri-urban suburbs continued
during the year. In response to the Supreme Court’s orders in July,
authorities launched an operation to evict the illegal occupants from
the premises of Pakistan Quarters and other residential areas for federal
government employees in Karachi with heavy contingents of police. The
consequences of the act of eviction, however legal, were horrendous.
Scores of protesting men and women were beaten up and pushed back
by police in riot gear wielding batons and using water cannons. Around
12 people, including some law enforcement personnel, were injured on
the second day of clashes between the occupants and the police. Over
a dozen of the protestors were arrested. The commotion prompted the
apex court to extend its deadline, but only for two months.
A number of Christians staged a massive protest after a team from LDA
and the city administration arrived with eviction orders in Samsani
village of Johar Town in Lahore. The protestors chanted slogans against
the government over its eviction plans, saying they had been living in the
area for decades. They claimed that, contrary to its plans of constructing
5 million new homes, the government was using heavy machinery to
increase the number of homeless people.

Led by the Shalimar Assistant Commissioner, the city administration’s
team started demolishing illegal marriage halls and other structures on
the Canal Road of Lahore. The police were supposed to retrieve over
30 kanals of land there but, on the day of eviction, about 3,000 people
gathered and blocked the road by burning tyres. Eventually, they foiled
the government’s bid to recover the state land, forcing police to retreat.
The protestors pelted motorists with stones and reportedly misbehaved
with passers-by.
Hundreds of people protested against the eviction orders for residents
of 153 Manak Village. Burning tyres, the protestors chanted slogans
against the district administration and the ruling party, again asserting
that they had lived there for decades.
Police clash with residents during an anti-encroachment drive
There were numerous reports during the year of casualties arising from
land disputes. In Orakzai and Buner districts, seven people, including
a man and his son, were killed over land and family disputes. Several
people were injured when rival groups clashed over a land dispute in
the central tehsil of District Orakzai.
The Akazai and Gujjar Tribes set alight over two dozen of each other’s
houses over a land dispute in Torghar district. The district government
called a jirga to defuse the tensions.
In Bajaur, a dispute over a piece of land between two groups claimed
two lives. A man and his son were shot dead while one person was
wounded in an exchange of fire between the rival groups in Kamal

Darra area of Barang Tehsil. An official of the local administration said
that a committee comprising elders and personnel of Levies Force had
been formed to investigate the issue and resolve the dispute.
Building collapses and fires
The collapse of shoddy, unregulated, unsafe and expired structures
of residential buildings as well as public infrastructure was widely
reported. Roof and wall collapses caused injury and death in many cases,
exposing the sad state of construction in many homes and buildings.
In the Liaqatabad area of Karachi, a three-storey dilapidated residential
building collapsed, killing at least six people and injuring nine, including
four women who were trapped under the rubble. Near Khara Chowk in
Raiwind, Lahore, a residential building collapsed, killing an eight-year-
old child. Another child died and three other people were injured when
a building in Pollarwan Pind in Paragon City collapsed.
Nine people were killed and 13 others suffered injuries in incidents of
wall and roof collapse after a windstorm hit the Bajaur area. Most of
the dead and the wounded belonged to the Mamond and Khar tehsils.
Moreover, at least 14 people were killed and 22 others injured in various
similar incidences as heavy downpour and windstorms lashed parts of
Khyber Pakhtunkhwa and the (former) Federally Administered Tribal
Region.
Two small girls were killed when the wall of a house fell on them in
Nesata area in Peshawar.
In Quetta, two labourers, as well as a watchman, were killed when a wall
they were constructing fell on them in the eastern bypass area.
Worship places and graveyards
An ever-growing population, dilapidated conditions, low maintenance,
and little space in the existing graveyards is a matter of great concern
for people in several big towns of Pakistan. Even graveyards and burial
grounds are not safe from the excesses of encroachers, land mafias, and
self-proclaimed builders and administrators.
Despite a serious shortage of graveyards in Karachi, burial in several
of the 237 graveyards is officially prohibited by the Metropolitan
Corporation (KMC). The KMC has already lost control of about 224
cemeteries out of 237. The people of Karachi agonise over how and
where to bury their deceased relatives. Approval to establish six new
graveyards alongside three major highways is still in process.
There are only two old and little-used temples in Islamabad—one
in Saidpur village and the other close to Rawal Dam— to cater for
approximately 100 families (800 Hindus) who live in Islamabad. The

Saidpur temple has been converted into a vacationer spot while the
Rawal Dam temple is going through a lawsuit and the Hindus are not
allowed to enter. In other words, no temple is left in the capital city where
the Hindu community can worship and celebrate their Holi, Diwali,
Dusehra, and other religious and cultural festivals. They are confined to
their homes to perform their rituals and festivities.
There is no cremation facility in the federal capital, so they have to take
the bodies either to Rawalpindi or to their hometowns to perform the
burial ritual. There is one spacious and active temple in the twin cities.
Some smaller but old temples do exist in residential areas of Rawalpindi
cantonment but need to be made functional.
The Shehr-e-Khamoshan Graveyard Act was passed on 24 May 2017 and
the Shehr-e-Khamoshan Authority was formed to establish organised
and model graveyards in the Punjab province, providing funeral
services to the communities of all religious denominations irrespective
of any religious, socio-economic or caste distinctions. The Shehr-e-
Khamoshan Model Graveyard has begun working in Lahore. The Shehr-
e-Khamoshan graveyards in Multan, Sialkot, Sahiwal, Sargodha, and
Faisalabad are, reportedly, yet to be completed. Ideally, the Authority is
expected to construct graveyards and provide funeral services in all 36
districts of the Punjab.
The Edhi Foundation maintains the largest network for the burial of
dead bodies or unclaimed coffins in the country. The Foundation has
established its graveyards in various cities such as Karachi, Lahore, and
Rawalpindi where it has an agreement for the burial of unidentified
bodies that are recovered from drowning or as a result of homicides or
road accidents. Shrouds and coffin boxes are arranged free of cost to
those who cannot afford to pay for the burial rites of their relatives.
In April, a group of Christians staged a demonstration against the
occupation of a cemetery belonging to the local Church. The protesters
blocked the road in front of the Lahore Press Club for more than two
hours. The Gora Qabristan Action Committee (GQAC) organised the
rally to oppose the confiscation of the Christian cemetery in the centre of
Lahore. For a long time, the committee has been demanding the removal
of the family of a retired graveyard guardian who was using three
residential buildings in the graveyard. The previous year, the Supreme
Court had already conveyed its displeasure to its Human Rights Cell,
asking it to submit a report within two weeks. According to the media
report, at least three cemeteries were currently illegally occupied in the
archdiocese of Lahore alone.
It was reported in May that members of the Sikh, Hindu and Christian
communities in Swat told journalists that they faced difficulties
because of the unavailability of designated spaces for worship, burial

or cremation. The meeting was organised by Journalists for Democracy
and Human Rights (JDHR).
In August, the Hindu community of Hyderabad launched a sit-in
outside the local press club against police and some influential figures
who had reportedly encroached their cremation ground. They appealed
to the authorities to help them retrieve the grabbed land and take action
against all those involved.
Recommendations:
• Authorise a singular authority, e.g. district development authorities
already present in each district, to approve, reject and regularise
housing schemes. No housing societies should be allowed without
fulfilling several legal, technical, environmental, administrative,
and public requirements.
• Devise a Housing Price Index (HPI) and Housing Access Index (HAI)
with the assistance of the Pakistan Bureau of Statistics to assess the
state of housing in a district, and conduct research on the form and
scale of housing to meet demand.
• Devise housing plans in each province and facilitate those living
in urban and peri-urban suburbs, those living around the railway
tracks, under the bridges, and those nomadically moving or settling
from place to place as a result of eviction from the public or private
places.
• Preserve and protect the Walled City of Lahore, Multan and
old historic buildings of all big and small towns. Give powers to
respective authorities to prohibit and/or demolish illegal structures
and encroachments, with sufficient resources to preserve and/or
renovate historical buildings and other monuments.
• Conduct a proper assessment of different public and private
buildings and require demolition if their age merits it or the
structure has been rendered unsafe either naturally or as the result
of an earthquake and/or fire or any other reason. Introduce safety
standards, regulation and timely demolition and reconstruction
of such buildings to avoid tragic loss of life every year. Improve
coordination between civic agencies and rescue teams to take timely
and adequate measures in the event of fires.
• Create cremation facilities for Hindus in Islamabad and Karachi and
all other cities where there is a Hindu population. Protect existing
graveyards from illegal land grabbing, and regularise, renovate, and
improve them to facilitate the public.

Environment
All human beings have the fundamental right to an environment adequate for their
health and well-being.
States shall conserve and use the environment and natural resources for the benefit
of present and future generations.
States shall establish adequate environmental protection standards and monitor
changes in and publish relevant data on environmental quality and resource use.
Proposed Legal Principles for Environmental
Protection and Sustainable Development
Articles 1,2,4
The Parties should protect the climate system for the benefit of present and future
generations of humankind, on the basis of equity and in accordance with their
common but differentiated responsibilities and respective capabilities.
United Nations Framework Convention on Climate Change
Article 3 – Principles
Promote and cooperate in education, training and public awareness related to
climate change and encourage the widest participation in this process, including
that of non-governmental organisations.
Article 4(1)(i) – Commitments
When it comes to environmental health, Pakistan is considered one

of the lowest performing countries in the world. According to Yale’s
2018 Environmental Performance Index, the country was 177 on the
environmental health sub-index of the 180 countries ranked. The study
estimates that air and water pollution, lack of sanitation, and exposure to
heavy metals are responsible for approximately 340,000 deaths annually
in Pakistan.
The previous governments that left office in the summer of 2018 claimed
a number of successes towards ecological sustainability. These include
opening the Quaid-e-Azam Solar Park in Bahawalpur, bus infrastructure
projects in some of the major cities, and a tree plantation initiative in
Khyber Pakhtunkhwa. In 2018 the Council of Common Interests also
signed the first ever National Water Policy, and the Pakistan Climate
Change Council was formed.
However, the degree to which such steps have been successful in
abating environmental degradation and addressing the accompanying
Environment 293
public health and livelihood impacts continues to be debated. Failures
in these domains are typically explained by the lack of financial, human,
and technical resources allocated for environmental management and
enforcement of existing regulations.
The new ruling Pakistan Tehreek-e-Insaf party brands itself as holding
a firm commitment to ‘green growth’, with an ambition to move on a
rapid growth trajectory by advocating large-scale water infrastructure
projects, tree plantation drives, and climate finance efforts. The Prime
Minister officially launched the ‘Clean Green Pakistan Movement’ on 13
October 2018, which is to include solid waste management, sanitation,
and provision of clean drinking water across the country.
While there are marked differences from the previous government’s
‘Green Pakistan Programme’ in both approach and scale of projects
being promoted, critics argue that the current government’s proposals
may prove to be a continuation of the failure of previous governments
to address the underlying causes of environmental health challenges
facing the country.
Climate change
Pakistan became the hottest place on earth in April when the
temperature crossed 50 degrees Celsius in Nawabshah, the highest ever
recorded anywhere for that month, prompting the Met Office director to
acknowledge that ‘climate change overall is affecting the temperature in
the country’.
Although Pakistan is responsible for less than one percent of the
total accumulated greenhouse gases in the atmosphere, the country
reaffirmed its commitment to playing its part in addressing the global
climate crisis by signing the Paris Agreement in 2016. The country’s
pledge to make voluntary mitigation and adaption efforts submitted
per the Paris Agreement involves reducing up to 20% of its 2030
projected greenhouse gas emissions, which it expects to grow by 300%
to accommodate the new fossil energy projects and growth in industrial
development outlined in Pakistan’s development ‘Vision 2025’. While
this emissions target is subject to the availability of international grants
to meet the cumulative abatement costs, the Minister of Climate Change
(MoCC) stated at the 2018 UN climate summit that it may be revised
entirely before the UN climate meeting in December 2019, where he will
serve as the Vice President and rapporteur.
Pakistan is among the top ten countries most affected by climate change,
with wide-ranging impacts on the population and economy due to
extreme weather events over the last two decades, according to the 2019
Global Climate Risk Index published by Germanwatch.
In 2018 the country experienced intensified drought in Balochistan,

accelerated glacial melt and subsequent floods and landslides in Khyber
Pakhtunkhwa and Gilgit-Baltistan, freshwater shortage, coastal erosion,
seawater intrusion, and extreme temperatures in Sindh (including the
record high temperature for the month of April in Nawabshah), as well
as uncertainty in agricultural productivity in the Punjab and Sindh due
to erratic monsoons and temperature anomalies.
In addition, climate change is mutually-reinforcing the environmental
challenges resulting from over-extraction and contamination of
resources and destruction of important habitats. In September 2018 the
Ministry of Climate Change announced the completion of drafting the
Pakistan Wildlife Policy for conserving habitats and protecting wildlife.
While the adoption of the Pakistan Climate Change Act was a positive
step, the Act’s directive that it ‘shall come into force at once’ has not
been heeded in nearly two years, as there has been significant delay
in establishing the mandated new institutions. The Pakistan Climate
Change Council was officially formed in the autumn of 2018, headed
by the prime minister, with provincial chief ministers and ministers of
relevant departments as members. The Council is expected to convene
twice annually, and still has not met. The Pakistan Climate Change
Authority, which the Act mandates to make appropriate climate
mitigation and adaptation policies, design and maintain a national
greenhouse gas inventory, and publish a yearly report, has yet to be
notified. Similarly, the associated Pakistan Climate Change Fund is also
yet to be operational.
In 2018 the country experienced intensified drought in Balochistan
Environment 295
According to the Action on Climate Today Institutional Review on the
MoCC, published in December 2017, the MoCC cannot become fully
functional without a functioning Authority. The review goes on to
reference concerns regarding lack of clarity in functions of different
parts of the climate division, and observes that MoCC’s resources are
largely being eaten up in foreign tours.
The Advisor to the Prime Minister on Climate Change has initiated
meetings with the Asia Development Bank regarding financing for
climate mitigation and adaption projects, and stated in September
2018 that Pakistan had spent Rs14 billion on climate change so far, and
expected to spend US$37 million from the Green Development Fund to
monitor melting glaciers.
Deforestation
The MoCC is facilitating the 10 Billion Tsunami Tree Plantation Project
in coordination with the Forest Department and EPD in the provinces,
with an aim to plant 10 billion trees, mostly in cities, over five years.
According to the Prime Minister, the initiative was designed to reduce
soil erosion resulting from glacial melt and to address the smog/
climate issues, hailing KP’s Billion Tree Programme as a successful
model for the national programme to follow. However, researchers
questioned whether these tree drives would sequester enough carbon
to offset Pakistan’s growing emissions, and also questioned the uneven
impacts. For instance, the study by Usman Ashraf on KP’s afforestation
programme (Political Ecology of Afforestation in Pakistan) found that an
unfair advantage was given to land-owning groups to access carbon
credits, while Gujjar shepherds and other landless people who depended
on the land for grazing were evicted and thus further marginalised.
The practice of illicit timber trade continues, despite forest policies. In
April and again in August, social activists and elders from different
parts of Swat alleged that the provincial government and the forest
department had failed to monitor and control illegal cutting of forests in
the district, mostly conducted at night-time.
Swat was once again in the news in September when locals complained
that officials of the forest department were felling mature trees along the
roadsides at the same time as the government launched the billion tree
plantation drive across the country.
Trees are also under threat from urban planning. The Supreme Court
in April summoned the secretary of the Balochistan communication
and works department after rejecting the department’s report justifying
chopping of trees to extend a link road.
In September, the Supreme Court took up a petition moved by the
ECO Watch Trust highlighting the alarming state of forests throughout

Pakistan and flagrant violation of the Forest Act in forming a private
company to implement the policy through private-public partnership.
The previous government had formed South Punjab Forest Company
(SPFC) through a policy decision to attract private investment and the
cultivation of trees on 134,995 acres of barren and saline land in the
southern part of the province.
The court was not persuaded that the entire work should be executed
through a private company, believing that too many concessions had
been given to the company. It asked the newly appointed provincial
cabinet of Punjab to reconsider the scheme, adding that it might be able
to find better terms through renegotiations.
While tree plantation has become a popular way to counteract the
adverse effects on the environment, consideration needs to be given to
the selection and care of species that will survive the harsh conditions
imposed by water scarcity.
Water
The Balochistan government announced a deal in May with a Russian
company—Climate Global Control Trading—which would help
the provincial government with cloud seeding and artificial rain in
drought-hit areas of the region. A similar scheme had been considered
by the Sindh government in 2015 but apparently came to nothing. While
Balochistan and Sindh, and other parts of the country, were reported
to be experiencing drought-like conditions, the Thar region has been
particularly hard hit. Year after year, the situation in Thar has worsened,
with dried up wells, contaminated groundwater, and loss of crops and
livestock. Most tragically, over 500 children in the area have succumbed
to diseases, infection, and malnutrition in 2018 alone. Yet a solution to
this crisis seems no closer.
In November, the WAPDA chairman stated that Pakistan was being
pushed to the stage of a water-scarce country and, far from increasing
water storage capacity, more than one-fourth of the storage capacity of
dams had been lost. These alarms have been sounded before and little, if
any, progress has been made. In 2017, the Pakistan Council of Research
in Water Resources (PCRWR) said Pakistan would turn from a ‘water-
stressed’ country to a ‘water-scarce’ country by the year 2025 unless
drastic steps were taken.
Pakistan’s first ever National Water Policy was approved by the Council
of Common Interests in May, with perhaps its most remarkable feature
being the fact that it took so long to emerge. Water scarcity is one of the
most significant issues to face the country and whether the policy has a
coherent vision to drive initiatives forward, and achieve tangible results,
remains to be seen.
Environment 297
Diminishing freshwater supplies and increasing demands of an exploding population are
rapidly reducing per capital water availability
What is beyond question is the urgency of the issue. Diminishing

freshwater supplies and increasing demands of an exploding population
are rapidly reducing per capital water availability and a serious water
crisis already exists.
At the same time that the National Water Policy was being finalised, the
Water and Sanitation Agency (WASA) installed 65 new tubewells and
replaced the machinery of 105 others to provide an uninterrupted water
supply in the summer season.
According to WASA, some tubewells were being installed under the
Prime Minister’s Programme of Sustainable Development Goals. The
installation of the new tubewells increased the total of WASA-operated
tubewells to 576. This highlighted the necessity for a nationally-
coordinated policy given that groundwater levels have dropped to an
alarming extent.
Water pollution
Whilst acknowledging that Pakistan has made significant progress
on reducing poverty, improving dietary diversity, and reducing open
defecation, a World Bank report found that bacterial contamination of
surface and groundwater is increasing because of the lack of treatment
of human waste.
According to the report, When Water Becomes a Hazard: A Diagnostic

Report on the State of Water Supply, Sanitation and Poverty in Pakistan and its
Impact on Child Stunting, there were ‘huge disparities across the country
in the quality of water and sanitation infrastructure. Rural areas across
Pakistan have seen little or no investment in publicly provided piped
drinking water, sewer connections or the treatment of human waste.’
Nor are the most developed urban areas immune, with pathogens
ultimately reaching urban households after untreated waste water is
mixed with ground and surface water to irrigate crops.
The report recommended urgent investments in faecal waste management
systems as well as in the provision of safe drinking water. These actions
would take effect over a longer period of time, and the report advised
interim efforts to encourage the local, point of use treatment of water as
well as community and neighbourhood-based interventions to contain
exposure to faecal waste and prevent the transmission of disease.
In October, a study conducted by the researchers of US-Pakistan Centre
for Advanced Studies in Water (USPCASW) and the Pakistan Council
of Scientific and Industrial Research (PCSIR) found alarming levels of
antibiotic resistant bacteria (ARB) in water in Hyderabad.
Groundwater quality has been deteriorating due to excessive mining,
which causes aquifer mixing of saline water and pollutants, including
heavy metals such as arsenic, lead, and fluoride.
At a consultative session organised by the Planning Commission in
June as part of its efforts to implement the National Water Policy, it
was announced that Pakistan plans to adopt the United Nations Decade
(2018-28) of Action: Water for Sustainable Development programme,
envisaging integrated water resources management including seawater
treatment for Karachi, Gwadar, Pasni, Jiwani, Keti Bandar and other
coastal areas.
The conference was told that water borne-diseases, such as typhoid
and malaria, were common but hepatis was also increasing with cases
being reported from the districts of Gujranwala and Bahawalnagar. The
rivers of Ravi, Sutlej, Malir and Lyari were now filled with sewage and
Islamabad’s freshwater streams were causing health hazards.
Marine pollution
Experts raised serious concern over the worsening conditions at Clifton
beach. They urged the public to avoid entering its polluted water and
letting children play on its contaminated soil until discharge of untreated
sewage into the sea was stopped and sanitation at the beach improved.
The Cantonment Board Clifton (CBC) and Defence Housing Authority
(DHA) came under fire from the Supreme Court-mandated commission
on water and sanitation over the release of sewage water into the sea.
Environment 299
A Defence ministry official assured the commission that, in accordance
with their directives, untreated sewage discharge into storm-water
drains would be diverted to a treatment plant within four months.
The Sindh chief secretary subsequently informed the commission that a
task force had been formed to minimise marine pollution.
While commenting in September on the government’s efforts to improve
waste management system and harbour conditions in Karachi, experts
said a comprehensive strategy including incentives to industries opting
for environment-friendly processes was required to tackle the growing
marine pollution that had jeopardised the survival of many species and
contaminated the food chain. They also emphasised the urgent need
to strengthen the capacity of officials dealing with environment and
implement relevant rules and regulations.
Air Pollution
The previous three winters have been marked by a thick, smelly haze
around major urban centres across the Punjab, where 65 percent of
industrial units are located, according to WWF-Pakistan’s 2018 report,
Review of Existing Environmental Laws and Regulations in Pakistan.
As winter average temperatures are rising due to climate change, the
prevalence of fog (and its polluted variant, ‘smog’) are beginning to
decrease. Although less visible smog does not mean the air pollution
crisis has been addressed, the current Punjab Environment Secretary and
Climate Minister have recently taken credit for the fewer days of winter
smog, saying that their government has succeeded in implementing
parts of the Punjab Clean Action Air Plan. The Punjab government
says it banned burning crop stubble and solid waste, shut down brick
kilns until they upgraded their technology to be more efficient and less
polluting, and collected Rs50 lakh in fines to penalise owners of vehicles
that were not in compliance with the fuel efficiency standards.
While some of the guidelines of the Action Plan have been adhered
to in partial terms, many have been completely neglected, such as the
‘mandatory inspection regime for all vehicles’, which was to come into
effect in January 2018 but has yet to be operationalised. Citizens have
taken to social media and speaking to news outlets to highlight frequent
observations of illegal practices continuing unabated, particularly in
Cantonment areas that do not have to adhere to provincial environmental
regulations.
The Punjab EPD’s own air quality data indicates that most of the year
many of Pakistan’s major urban hubs are being choked by hazardous
air quality. In 2018, Air Visual data ranked Lahore among the top 10
most polluted cities in the world throughout the year, and among the
top three most polluted cities for nearly half of the year.

AQI Air Pollution
Hazardous
400
350 Hazardous
Hazardous
300
250
Very Unhealthy
200 Unhealthy Unhealthy
Unhealthy
150 Unhealthy
100
50
0
Gujranwala Lahore Faisalabad Bahawalpur Peshawar Rawalpindi Islamabad Karachi
Source: Pakistan Air Quality Initiative Based on US-EPA Air Quality Index
An Air Pollution Standing Commission was created by the Supreme Court

to facilitate monitoring of the implementation of the recommendations of
the Smog Commission, including the requirements to monitor and make
public the air quality data, and to declare a public health emergency
should the AQI exceed 300 micrograms per cubic metre. Despite this,
Pakistan’s public monitoring and regulatory institutions continue to
insist that there is not enough data to substantiate a need to declare a
public health emergency.
The Pakistan Air Quality Initiative’s public-sourced dataset indicates
that, in many cities, for the majority of the year the air is unsafe for
particularly vulnerable populations, including children, pregnant
women, the elderly, and people with particular health problems.
Air pollution is estimated to be responsible for over 70 percent of the
annual 340,000 pollution related deaths in Pakistan, according to Yale’s
Environmental Performance Index. Such deaths are often due to stroke
and cardiopulmonary diseases.
Pakistan Air Quality Data for December 2018 (see below) shows that ‘the
year 2018 ended with extremely unhealthy and hazardous air pollution
throughout the country’.
Environment 301
Commentators have pointed out that the skewed emphasis by regulatory
agencies, in cutting emissions from the smallest rather than largest
sources of pollution, highlighted the aversion of regulatory agencies
to acknowledge important class dimensions and power structures
entangled in pollution production. For instance, the Smog Policy actions
have emphasised changes by farmers and brick kilns rather than on
cement and other highly polluting industries, coal-fired power plants,
and transport and freight emissions.
A World Bank agreement of $200 million for Punjab Green Development
was made in 2017, which would finance building regulatory capacity
in the EPA and make investments in green technology in the polluting
industries. The funds have yet to be disbursed. The government also
plans to issue green bonds through the State Bank of Pakistan and the
International Finance Corporation, a member of the World Bank.
Fossil fuels
Going against the global trend to replace fossil fuels with renewable
energy such as solar and wind, Pakistan’s is forging ahead with the
building of coal-fired plants. Thar coal will fuel nine of the 17 proposed
CPEC power plants. Citizens may well be divided over this issue. Much
of the energy to be generated is intended to alleviate the power crisis in
the country, which has disrupted the economy and frustrated industry
and households alike.
Officials have given assurances that the project’s operations will comply
with national and international environmental laws, and will use the
most efficient technology available to minimise pollution.
None of this allays the concerns of environmentalists. The coal being
mined in Thar is lignite, known for its poor energy efficiency and high
carbon dioxide emissions. Lignite-fired power plants are considered the
largest single source of greenhouse gas emissions. The mining of coal,
and the process of burning it for power, are water-intensive activities.
Villagers of the area have already reported the diversion of underground
rivers, and the dumping of waste, which has changed their pastures into
a salt lake. Their predicament is unlikely to end, as the power project will
consume a huge amount of groundwater, already scarce in the country.
Reinforcing concerns expressed by experts about the capacity of the
Sindh Environmental Protection Agency (Sepa) to control violations, it
was reported in May that the Port Qasim Authority (PQA) had allowed
major coal handling operations within its jurisdiction with complete
disregard for public health and environmental safety, and without
waiting for a decision by Sepa on the project’s Environmental Impact
Assessment (EIA) report. It was apparently the third time that Sepa had
expressed reservations over the project’s ‘deficiencies’.

Visitors to the area said that transportation, lifting and dumping of
coal in the absence of any safety measures had badly affected the area,
particularly the nearby offices. The whole area was blanketed with coal
dust, causing breathing difficulties. The project was also said to pose a risk
to the safe operation of many industrial units in the area including food
processing, pharmaceutical and chemical units, water purification units,
edible and crude oil facilities, refineries and automobile manufacturing
units.
Renewable Energy Sources
As far back as 2006, the government had announced an increase in the
share of wind energy in the national energy mix to five percent by 2030.
Some concerns arose early in 2018 as to whether this was still achievable,
given that the government was resorting to competitive bidding and
curtailed concession periods. The Alternative Energy Board (AEDB),
with the main objective of facilitating, promoting, and encouraging the
development of renewable projects, had apparently been ordered to be
merged into the Private Power and Infrastructure Board (PPIB), possibly
indicating a change to the government’s stance on renewable energy.
The continuing reliance on LNG and fossil fuels has been very much in
evidence, with the use of Thar coal, estimated to last 200 years, being
promoted by authorities as the way to drastically reduce oil import costs.
Wind Power
The Sindh Energy Minister said at the 17th World Wind Energy
Conference, held in November, that the provincial government
would set up its own grid company under a public-private
partnership, which would evacuate clean electricity being generated
in the country’s only wind corridor in the Thatta-Jhimpir area of the
province.
He added that the Sindh government had reserved 60,000 acres
of land in the province to develop renewable energy projects,
thereby demonstrating its commitment to generate electricity using
alternative resources. Twenty-three wind energy projects had
started functioning in Gharo-Jhimpir corridor of the province, while
another 35 such projects were under different stages of completion.
Solar Power
It was reported in November that the Punjab government had
decided to conduct a forensic audit of the Quaid-e-Azam Solar
Power Project in Bahawalpur—the first ever utility scale solar power
plant in the country. The Punjab minister for energy was to brief
the provincial cabinet on financial irregularities in power projects
launched under the previous government. Sources close to the
Environment 303
Punjab government were quoted as having said the Solar Power
Project had incurred a massive loss on the national exchequer,
with analysts raising objections over the cost of the project and the
electricity being produced in the solar park.
This coincided with the Sindh government’s announcement (at the
17th World Wind Energy Conference) that it would soon launch
a US$100 million solar power project in the province with the
assistance of the World Bank to benefit residents of off-grid rural
areas.
Overview
The environmental issues, policy, and practices appear to indicate
continued lip-service highlighting government and private sector efforts
in environmental stewardship with limited follow-through. There
are severe issues of accountability, in part due to overlap in remit for
environmental management, little awareness by government officials
and regulators about actual environmental policies, and large geographic
spaces of exception where federal and provincial regulations do not
apply. In spite of the serious local and global ecological challenges, the
strategy of environmental regulators seems to be focusing on giving a
positive image by referring to the tree plantation projects and the dam
fund, while shifting blame or pointing to expected future improvements
where lack of implementation and accountability are evident.
Recommendations
• Expedite the implementation of the National Water Policy and
introduce effective mechanisms to ensure compliance across the
regions.
• Enact the National Forestry Policy into law, and encourage provincial
governments to adopt and implement similar policies.
• Allocate adequate budget funds for the environment for complete
and effective implementation, taking into account the full scale of
environmental issues.

Appendices
Appendix I
HRCP Activities
The Human Rights Commission of Pakistan (HRCP) carried out activities
across Pakistan in 2018 to raise public awareness of fundamental
freedoms, advocate the protection of human rights and lobby with
policymakers for measures to check human rights abuses. Peaceful
means of activism, including demonstrations, rallies, consultations,
campaigns, training workshops, fact-finding missions, press statements
and public meetings were used to support and protect people’s rights,
irrespective of their gender, religion, sect, race, domicile, age or social
status. Those abandoned by the justice system were provided advice
and referred onward for legal aid.
HRCP has continued to campaign for the implementation of the
landmark Supreme Court judgement of 2014 – the Justice Tassaduq
Jillani judgement – concerning the protection of religious minorities’
rights. In collaboration with activists working on minorities’ rights,
HRCP filed a petition in the Supreme Court in January 2018 to push for
the judgement to be implemented. Taking cognizance of the matter, the
Supreme Court has set up a one-person commission that is empowered
to issue directions for the implementation of the judgement.
Seminars, focus group discussions and training workshops were
organised across the country on broad human rights themes.
Consultations were held to engage with a range of communities on
different human rights issues.
Apart from general human rights themes, this year’s themes included
the water rights of women water bearers in Sindh, ‘honour’ crimes
in southern Punjab, the rights of ethnic minorities, and measures to
mainstream the former Federally Administered Tribal Areas (FATA)
with Khyber Pakhtunkhwa (KP). A series of digital security workshops
was organised for human rights defenders (HRDs) to help them secure
their presence online and in the field.
Campaigns and rallies were organised simultaneously at the HRCP
secretariat and chapter and taskforce offices to highlight the state’s
pledges to international human rights conventions and covenants.
HRCP also launched a ’16 Days of Activism’ campaign against gender-
based violence throughout Pakistan.
HRCP conducted various fact-finding missions on gross human rights
307
violations, including the alleged torture of a young Christian boy (Sajid
Masih) by the authorities in Lahore, and the desecration of a Jamaat-i-
Ahmaddiya site of worship in Sialkot. HRCP’s fact-finding team also
visited Gilgit-Baltistan to assess the current human rights situation. In
response to numerous complaints from journalists and media houses,
HRCP carried out an independent fact-finding exercise to assess the
extent and nature of curbs on freedom of expression across Pakistan.
In addition, a number of HRCP fact-finding teams investigated the
enforced disappearance of people in Karachi, particularly among the
Shia community.
A breakdown of HRCP’s main activities in 2018 is as follows:
Workshops/seminars/meetings/press briefings
• 3 January, Karachi: Meeting with the Joint Action Forum to plan a
demonstration in support of missing persons in Sindh.
• 5 January, Hyderabad: Meeting with small sugarcane growers and
farmers to show labour rights solidarity with them.
• 8 January, Hyderabad: Sindh Education Day celebrated at the
Hyderabad Press Club.
• 10 January, Hyderabad: Meeting with the Progressive Writers
Association on the role of writers and artists in creating awareness
of human rights.
• 12 January, Karachi: Meeting with the Pearl Continental Workers
Association on their labour rights.
• 15 January, Karachi: Meeting with NGOs to condemn academic
Hasan Zafar Arif’s alleged murder.
• 16 January, Karachi: Meeting with civil society organisations (CSOs)
on enforced disappearances in Sindh.
• 19–21 January Karachi: 100-poster exhibition by K. B. Abro on
freedom of movement (organised with T2F).
• 24 January, Karachi: Meeting with members of the Mehsud tribe on
the alleged extrajudicial murder of Naqeebullah Mehsud.
• 26 January, Karachi: Joint workshop with the DSF on the student
unions of 1971.
• 8 February, Hyderabad: Meeting on recently reported ‘fake’ police
encounters.
• 12 February, Hyderabad and Karachi: Memorial meeting to pay
tribute to the late Asma Jahangir.
• 13 February, Hyderabad: Memorial gathering, candlelight vigil and
poetry reading in memory of Asma Jahangir.

• 14 February, Peshawar: Consultation on bonded labour in KP.
• 16 February, Karachi: Workshop on the Universal Declaration of
Human Rights (UDHR) for a recently inducted batch of women
police officers.
• 19 February, Hyderabad: Joint reference with the Hyderabad Union
of Journalists in memory of Asma Jahangir.
• 26 February, Quetta: Reference for Asma Jahangir at the Quetta
Press Club.
• 1 March, Hyderabad: Consultation on the abolition of bonded labour
in Sindh.
• 5 March, Islamabad: Joint memorial reference with DAI for Asma
Jahangir.
• 5 March, Peshawar: Joint memorial reference with DAI for Asma
Jahangir.
• 8 March, Karachi: ‘Aurat March’ (in collaboration with other CSOs)
and a women’s cricket match.
• 11 March, Karachi: Talk to celebrate Asma Jahangir’s life and
achievements.
• 19 March, Islamabad: Meeting of civil society members with O. P.
Shah, a Kolkata-based peace activist, writer and journalist.
• 21 March, Karachi: Session on understanding the UDHR, organised
for university mass communication students.
• 26 March, Karachi: Meeting with Pearl Continental Hotel Workers
Union.
• 6 April, Lahore: HRCP Council meeting.
• 7 April, Lahore: 32nd Annual General Meeting.
• 7–8 April, Lahore: Asma Jahangir Convention.
• 16 April, Lahore: Consultation on political parties’ manifestos and
the rights of religious minorities.
• 16 April, Islamabad: Launch of State of Human Rights in 2017.
• 20 April, Quetta: Training workshop for journalists on promoting
human rights education and reporting human rights violations.
• 28 April, Karachi: Meeting with home-based workers.
• 28 April, Karachi: Meeting with CSOs on enforced disappearances.
• 30 April, Islamabad: Consultation to assess political parties’
commitment to incorporating fundamental rights in their manifestos.
Appendix I 309
• 5 May, Karachi: Consultative meeting with the Bangladeshi
community.
• 7 May, Hyderabad: Launch of Our Asma Jahangir, a compilation of
Sindhi, English and Urdu essays, edited by Zulfiqar Halepoto.
• 8 May, Quetta: Consultation on women’s rights and gender equality.
• 9 May, Quetta: Consultation on the representation of religious
minorities and women in local government.
• 10 May, Quetta: Screening on the UDHR at Government Girls’
Degree College, Quetta.
• 15 May, Islamabad: Consultation on the nature of violence against
women and girls from refugee and IDP communities in (former)
FATA, KP and Gilgit-Baltistan.
• 18 May, Hyderabad: Meeting to condemn the delay in investigating
an alleged murder attempt on rights activist Punhal Sariyo.
• 23 May, Hyderabad: Meeting of the Human Rights Coordination
Committee – comprising CSOs and concerned citizens – to discuss
human rights violations and enforced disappearances.
• 26 May, Quetta. Consultation on minorities’ rights with a view to
curbing sectarian killings.
• 26 May, Quetta: Launch of State of Human Rights in 2017 at the Quetta
Press Club.
• 5 June, Hyderabad: Awareness-raising session on the use of
degradable plastic products, to commemorate World Environment
Day.
• 6 June, Karachi: Awareness session on the UDHR for students of the
Social Work Department at Federal Urdu University.
• 8 June, Karachi: Lecture on child rights and street children.
• 8 June, Islamabad: Consultation to assess the recently passed bill
merging FATA with KP from a human rights perspective.
• 12 June, Karachi: Joint meeting with NGO Interfaith Harmony to
share concerns over the sudden increase in cases of violence against
religious minorities.
• 13 June, Islamabad: Overview of the human rights situation in
Gilgit-Baltistan presented to a delegation from the Australian High
Commission.
• 14 June, Hyderabad: Talk on the recovery of missing persons (in
conjunction with other CSOs).
• 21 June, Karachi: Screening on the UDHR and BBC documentary

Pakistan’s Child Maids in Lyari.
• 22 June, Multan: Dialogue on sexual harassment at the workplace.
• 22 June, Multan: Screening on the UDHR and BBC documentary
Pakistan’s Child Maids.
• 23 June, Multan: Seminar on the role of women and minorities in
local government.
• 26 June, Hyderabad: Meeting on custodial torture and ‘fake’
encounters to mark International Day in Support of Victims of
Torture.
• 1 July, Karachi: Workshop on gender equality.
• 4 July, Islamabad: Meeting with the EU Election Observation
Monitoring Mission to discuss the human rights situation and
upcoming general elections.
• 6 July, Karachi: Screening of BBC documentary Pakistan’s Child
Maids in Lyari.
• 9 July, Islamabad: Training session for HRCP election observers
from Islamabad and Rawalpindi.
• 10 July, Lahore: Punjab activists’ convention for HRDs across the
province.
• 11 July, Lahore: Training session for HRCP election observers from
Punjab.
• 12 July, Peshawar: Training session for HRCP election observers
from KP.
• 14 July, Quetta: Training session for HRCP election observers from
Balochistan.
• 14 July, Hyderabad: Training session for HRCP election observers
from southern Sindh.
• 16 July, Karachi: Training session for HRCP election observers from
Karachi.
• 16 July, Islamabad: Meeting of HRCP senior office bearers with the
secretary of the Election Commission of Pakistan to convey HRCP’s
concerns about the upcoming elections.
• 16 July, Islamabad: Press conference on allegations of pre-election
manoeuvring.
• 17 July, Sukkur: Training session for HRCP election observers from
northern Sindh.
• 22 July, Gilgit: Awareness session conducted in collaboration with
Ghecho Risht (a youth organisation) on the social issues of Gilgit-
Appendix I 311
Baltistan’s youth from a human rights perspective.
• 27 July, Lahore: Launch of fact-finding report Curbs on Freedom of
Expression in Pakistan at the Lahore Press Club.
• 19 July, Karachi: Meeting with EU observers in connection with the
upcoming elections.
• 20 July, Karachi: Meeting with CSOs to discuss pre-election activities
and observations.
• 23 July, Karachi: Discussion on the constitutional framework of
the upcoming elections (in collaboration with other civil society
organisations) at T2F.
• 24 July, Islamabad: Joint press conference with Bytes for All and
the Peace and Justice Network on reports that cellular and Internet
services were to be disrupted on election day.
• 27 July, Karachi: Meeting with CSOs and journalists to discuss the
shrinking space for freedom of expression in Pakistan.
• 1 August, Multan: Dialogue on human rights issues in southern
Punjab and the role of human rights activists and civil society.
• 3 August, Hyderabad: Debate to discuss pre-election and post-
election observations.
• 4 August, Karachi: Meeting with media persons to discuss press
freedom and freedom of expression.
• 11 August, Karachi: Karachi-based HRCP Council members’
meeting to discuss the current human rights situation.
• 12 August, Hyderabad: Joint meeting with the Minority Rights
Forum on creating inter-faith harmony.
• 17 August, Karachi: Seminar on women’s participation in
mainstream politics.
• 29 August, Islamabad: Press conference and launch of Curbs on
Freedom of Expression in Pakistan (fact-finding report).
• 30 August, Quetta: Press conference at the Quetta Press Club to
mark International Day in Support of the Victims of Enforced
Disappearances.
• 4 September, Gilgit: Consultative meeting with the Advocacy Forum
on gender discrimination to plan joint awareness sessions for local
communities.
• 10 September, Islamabad: Meeting at the US Embassy to discuss the
current human rights situation in Pakistan.
• 22 September, Islamabad: Digital security training workshop for

HRDs from Islamabad and northern Punjab.
• 25 September, Islamabad: Inaugural meeting of the National
Interfaith Working Group set up by HRCP.
• 9 October, Multan: Digital security training workshop for HRDs
from southern Punjab.
• 10 October, Quetta: Consultation on World Day Against the Death
Penalty.
• 10 October, Gilgit: Consultation on World Day Against the Death
Penalty.
• 10 October, Lahore: Seminar on the plight of death-row prisoners.
• 17 October, Lahore: Overview of the current human rights situation
presented at a meeting between HRCP chairperson, Dr Mehdi
Hasan, and the Swiss ambassador.
• 17 October, Quetta: Digital security training workshop for HRDs
from Balochistan.
• 18 October, Quetta: Consultation on labour rights in Balochistan.
• 22 October, Hyderabad: Consultation on forced conversions in
Sindh.
• 23 October, Karachi: Consultation on the status of ethnic minorities
in Sindh, including the Afghan, Burmese, Bengali and Kashmiri
communities.
• 22–24 October, Islamabad: Meetings organised for an Equal
Rights Trust representative from the UK to identify patterns of
discrimination in Pakistan.
• 24 October, Karachi: Consultation on women’s representation in
local government.
• 5 November, Lahore: Digital security training workshop for HRDs
from Lahore.
• 6 November, Lahore: Digital security training workshop for HRDs
from central Punjab.
• 11 November, Multan: Consultation on patterns of ‘honour’ crimes
in southern Punjab.
• 15 November, Islamabad: Consultation on the state of human rights
in western KP with a view to mainstreaming women’s rights.
• 15 November, Islamabad: Workshop on strengthening women’s
decision-making power in western KP.
• 17 November, Hyderabad: Consultation on the impact of water
degradation on women water-bearers in Sindh.
Appendix I 313
• 19 November, Sukkur: Digital security training workshop for HRDs
from interior Sindh.
• 20 November, Karachi: Interactive session with children, teachers
and HRDs on child abuse in schools, to mark International Children’s
Day.
• 20 November, Lahore: Consultation on children’s rights to observe
International Children’s Day.
• 20 November, Gilgit: Seminar on the awareness and prevention of
child sexual abuse in schools.
• 20 November, Hyderabad: Seminar on the awareness and prevention
of child sexual abuse in schools.
• 20 November, Peshawar: Seminar on the awareness and prevention
• 20 November, Islamabad: Seminar on the awareness and prevention
• 20 November, Quetta: Seminar on the awareness and prevention of
• 20 November, Islamabad: Stall set up at Friedrich-Naumann-
Stiftung für die Freiheit’s 60th anniversary celebrations in Pakistan
as a partner organisation to showcase its work.
• 20 November, Multan: Seminar on the awareness and prevention of
• 22 November, Peshawar: Digital security training workshop for
HRDs from KP.
• 26 November, Karachi: A meeting on the impact of large dams in
Pakistan, with special reference to Sindh.
• 1 December, Karachi: Meeting with the Urban Resource Centre and
PILER to discuss the anti-encroachment drive at Empress Market in
Karachi.
• 1 December, Lahore: Seminar on gender-based violence as part of
HRCP’s ‘16 Days of Activism’.
• 3–4 December, Lahore: Workshop on peace education for democratic
societies.
• 6 December, Peshawar: Workshop on ending gender-based violence.
• 7 December, Islamabad: Video screening and discussion on gender-
based violence.
• 7 December, Quetta: Video screening and discussion on gender-
based violence.

• 7 December, Multan: Video screening and discussion on gender-
based violence.
• 7 December, Karachi: Discussion on gender-based violence.
• 8 December, Karachi: Joint press conference with various CSOs to
discuss women’s rights as part of HRCP’s ‘16 Days of Activism’.
• 10 December, Lahore: Lecture by HRCP’s honorary spokesperson,
I. A. Rehman, on Pakistan’s human rights record in the light of the
2017 Universal Periodic Review, to mark the 70th anniversary of the
UDHR.
• 10 December, Hyderabad: Seminar to commemorate the 70th
International Human Rights Day at the Hyderabad Press Club.
• 11 December, Quetta: Screening of I. A. Rehman’s lecture on
Pakistan’s human rights record to mark the 70th anniversary of the
UDHR.
• 11 December, Karachi: Meeting with small vendors affected by the
Empress Market anti-encroachment drive.
• 12 December, Gilgit: Awareness session on ending gender-based
violence.
• 12 December, Hyderabad: Digital security training workshop for
HRDs from southern Sindh.
• 13 December, Hyderabad: Seminar on gender-based violence as part
of HRCP’s ‘16 Days of Activism’.
• 13 December, Islamabad: Digital security training workshop for
HRDs from Karachi.
• 14 December, Peshawar: Screening of I. A. Rehman’s lecture on
UDHR.
• 14 December, Multan: Screening of I. A. Rehman’s lecture on
UDHR.
• 16 December, Lahore: Consultation on the rights of differently-abled
persons.
• 19 December, Hyderabad: Consultation on the rights of differently-
abled persons.
• 19 December, Peshawar: Consultation on the rights of differently-
abled persons.
• 21 December, Islamabad: Screening of I. A. Rehman’s lecture on
Appendix I 315
UDHR.
• 21 December, Karachi: Screening of I. A. Rehman’s lecture on
UDHR.
• 23 December, Gilgit: Screening of I. A. Rehman’s lecture on Pakistan’s
human rights record to mark the 70th anniversary of the UDHR.
• 25 December, Gilgit: Consultation on the rights of differently-abled
persons.
• 26 December, Multan: Consultation on the rights of differently-
abled persons.
• 27 December, Quetta: Consultation on the rights of differently-abled
persons.
• 28 December, Karachi: Presentation on sexual harassment organised
for lady health workers.
HRDs from Gilgit-Baltistan.
HRCP staff from Lahore, Islamabad and Gilgit.
• 30 December, Hyderabad: Screening of I. A. Rehman’s lecture on
UDHR.
All chapter offices held regular members’ meetings every month to
discuss human rights and current affairs.
Fact-finding missions
• 12 January, Hyderabad: A fact-finding team visited Mithi in the
Tharparkar district to investigate the murder of two Hindu traders
on 5 January 2018.
• 13 January, Karachi: A fact-finding team visited the Rizvi Society,
where they met the families of missing persons from the Shia
community.
• 1–3 February, Lahore: A fact-finding team visited the University of
the Punjab and a local police station to investigate clashes between
two student groups and the ensuing crackdown on Baloch and
Pashtun students.
• 5 February, Karachi: A fact-finding team visited Shargoth in Safoorah
to show solidarity with victims of enforced disappearances in Sindh.
• 28 February, Lahore: A fact-finding team visited Dhir village and
the Shahdara Police Station to probe violent protests against the

Christian community following the charge of blasphemy levelled
against a young Christian man.
• 24 March, Karachi: A fact-finding team visited Lyari to obtain
information on the alleged extrajudicial killing of three people in a
police encounter.
• 28 May, Khuzdar: A fact-finding team visited a farm at which the
landlord was allegedly holding 38 bonded labourers.
• 31 May, Karachi: A fact-finding team visited the Youhanabad
Christian Colony to investigate the reported abduction of 24 boys.
• 5 June, Sialkot: A fact-finding team visited Sialkot to investigate
the desecration of an Ahmadiyya site of worship.
• 10–18 July, Islamabad, Lahore and Karachi: Fact-finding teams met
senior journalists to independently assess the recent crackdown on
freedom of expression among the print and electronic media.
• 6 August, Karachi: A fact-finding team probed the cases against two
religious minority members.
• 5–9 August, Gilgit: A high-profile fact-finding team visited Gilgit-
Baltistan to assess the current human rights situation there.
• 5 September, Hyderabad: A fact-finding team probed the case
of a Christian sweeper who had died allegedly as a result of self-
immolation.
• 11 September, Hyderabad: A fact-finding team visited Shaheed
Benazirabad to obtain information on a sexual harassment case
against a university faculty member.
• 28 September, Hyderabad: A fact-finding team investigated the
murder of a seven-year-old in Latifabad.
• 19–24 November, Lahore and Islamabad: Joint fact-finding mission
with the International Federation for Human Rights (FIDH) to
investigate death-row conditions in Pakistan.
• 7 December, Karachi: A fact-finding team visited Empress Market
to collect evidence of rights violations stemming from an anti-
encroachment drive.
Demonstrations/rallies/visits
• 11 January, Islamabad: Protest at the National Press Club to demand
an end to the practice of enforced disappearances.
• 11 January, Karachi: Demonstration against the rape and murder of
six-year-old Zainab in Kasur.
• 12 January, Islamabad: Demonstration against the rape and murder
Appendix I 317
of six-year-old Zainab in Kasur.
• 12 January, Karachi: Demonstration at the Karachi Press Club in
support of Baloch journalists’ freedom of expression.
• 13 January, Karachi: Protest rally at Rizvia Imam Bargah in solidarity
with missing persons from the Shia community.
• 13 January, Hyderabad: ‘Justice for Zainab’ rally from Sindh
University to the Hyderabad Press Club.
• 16 January, Karachi: Demonstration to condemn the alleged murder
of Dr Hasan Zafar Arif.
• 18 January, Karachi: Demonstration at the Karachi Press Club
against the extrajudicial murder of Naqeebullah Mehsud.
• 5 February, Karachi: Demonstration at Shargoth in support of three
missing persons in Sindh.
• 10 February, Hyderabad: Joint camp at the Hyderabad Press Club in
solidarity with the fisherfolk community against the occupation of
wetlands in Sindh.
• 1 April, Karachi: Camp at the Karachi Press Club in solidarity with
missing persons Khadim Arejo, Hidayat Lohar, Ayob and Aziz
Tonio.
• 30 April, Hyderabad: Joint rally to mark International Labour Day.
• 30 April, Quetta: An HRCP team visited the Hazara community’s
hunger strike camp at the Quetta Press Club against the killing of
Hazaras in Quetta.
• 1 May, Hyderabad: Token hunger strike organised jointly with the
Women Democratic Front at the Hyderabad Press Club to express
solidarity with the Hazara community.
• 15 June, Karachi: One-day hunger strike at the Karachi Press Club in
collaboration with the Sindh Missing Persons Committee.
• 26 June, Islamabad: Demonstration at the National Press Club to
mark International Day in Support of Victims of Torture.
• 26 June, Peshawar: Demonstration at the Peshawar Press Club to
mark International Day in Support of Victims of Torture.
• 11 July, Karachi: Protest at the Karachi Press Club against the
assassination of Awami National Party leader Haroon Bilour.
• 18 July, Quetta: Demonstration at the Quetta Press Club after a
suicide attack killed over 130 people at an election gathering in
Mastung.
• 30 August, Karachi: One-day camp at the Karachi Press Club to

mark International Day in Support of the Victims of Enforced
Disappearances.
• 30 August, Hyderabad: Demonstration to mark International Day in
Support of the Victims of Enforced Disappearances.
• 30 August, Lahore: Seminar and demonstration in solidarity with
victims of enforced disappearances.
• 30 August, Islamabad: Demonstration to mark International Day in
Support of the Victims of Enforced Disappearances.
• 30 August, Multan: Demonstration to mark International Day in
Support of the Victims of Enforced Disappearances
• 30 August, Peshawar: Demonstration to mark International Day in
Support of the Victims of Enforced Disappearances
• 10 October, Peshawar: Demonstration at the Peshawar Press Club to
mark World Day Against the Death Penalty.
• 10 October, Hyderabad: Demonstration at the Hyderabad Press
Club to mark World Day Against the Death Penalty.
• 18 October, Quetta: An HRCP team visited Bolan Medical Hospital
to meet an acid-attack victim.
• 25 October, Hyderabad: An HRCP team visited the court in Hala to
meet a young girl who had been converted forcibly to Islam.
• 18 November, Multan: An HRCP team visited Jampur and Rajanpur
to raise awareness of human rights.
• 3 December, Karachi: An HRCP team joined women vendors at the
Karachi Press Club to protest against the anti-encroachment drive at
Empress Market.
• 10 December, Karachi: International Human Rights Day observed
jointly with Tehreek-i-Niswan at the Karachi Press Club.
• 27 December, Quetta: An HRCP team visited a doctors’ strike
camp to demand the safe recovery of Dr Khalil Ibrahim, who was
kidnapped from Quetta.
Complaints Cell
HRCP’s Complaints Cell received a total of 1,464 complaints between
1 January and 31 December 2018. The bulk of these related to violence
against women, enforced disappearances, private or police excesses,
departmental issues, the delivery of justice and minorities’ rights.
Internship Programme
Seven interns from universities in Pakistan and abroad joined HRCP’s
internship programme in 2018:
Appendix I 319
• Ms Husbana Ghafoor (23 July to 21 September 2018) assisted with
election monitoring and data analysis.
• Ms Hafiza Aqsa Khan (1 July to 31 August 2018) assisted with a
range of administrative and programmatic work, including election
monitoring and data collection.
• Ms Amina Younas (1 July to 31 August 2018) assisted with a range
of administrative and programmatic work, including election
monitoring and data collection.
• Ms Uliya Suleman (5 February to 5 March 2018) prepared an analysis
of complaints received by the Complaints Cell in 2017.
• Sarah Ahsan Khan (15 July to 15 August 2018) carried out research
on harassment in the workplace and contributed to research for
HRCP’s fact-finding report on freedom of expression.
• Shehreen Umair (15 July to 30 August 2018) contributed to research for
HRCP’s fact-finding report on freedom of expression and campaign for
International Day in Support of the Victims of Enforced Disappearances.
Zoya Mirza (2 July to 31 August 2018) prepared a report comparing
the manifestos of political parties in Pakistan and assisted with
election monitoring.
• Rashid Ghafoor (1 October to 31 December 2018) carried out research
on the implementation of laws against ‘honour’ killings and rape in
Punjab.
Publications
HRCP released the following publications in 2018:
• State of Human Rights in 2017 (annual report)
• Curbs on Freedom of Expression in Pakistan (fact-finding report)
• A Meaningful Democracy: Mainstreaming the Rights of Women and
Religious Minorities (project publication)
• Joint FIDH and HRCP briefing note on key human rights issues in
2018 (e-publication)
• A Call to Preserve Kalash Rights and Culture (consultation report)
• Minorities Still Waiting for justice: Strategies for Better Implementation
(consultation report)

Appendix II
HRCP Stands
The legacy of Asma Jahangir
12 February 2018: The Human Rights Commission of Pakistan
(HR CP) was devastated at the unexpected and sudden passing away
of its co-founder Asma Jahangir: exemplary lawyer, human rights
ico n, pro-democracy champion, friend and mentor par excellence,
and a brave comrade of the poor and the disadvantaged. It stated that
Asm a Jahangir’s unique and outstanding contribution to the human
rights discourse was acknowledged by friend and foe alike, nationally
and globally and further said that it had not known a braver and more
tireless human rights defender.
16 March 2018: Tribute was paid to HRCP co-founder Asma Jahangir in
a joint statement with FIDH and 21 other civil society organisations. The
statement said her passing represented a terrible loss, and all who fought
for human rights would have needed her compassion, her inspiration,
and her courage to be around for decades to come. She would remain
a s ource of inspiration for all, including for the young generation of
human rights defenders, and a source of energy to continue the collective
endeavour to which she had so generously contributed.
19 March 2018: In an oral joint statement for the outcome of the
Universal Periodic Review (UPR) of Pakistan at the 37th session of the
UN Human Rights Council in Geneva, FIDH and HRCP regretted that
the government of Pakistan had missed yet another opportunity to show
its commitment to address key human rights issues. They said that,
despite having accepted nearly 60% of the recommendations it received,
the government apparently lacked the political will to address the most
serious human rights violations, such as enforced disappearances, the
per secution of religious minorities, the use of the death penalty, and
extrajudicial killings. FIDH and HRCP urged the Pakistani government
to immediately begin the implementation of the recommendations that
it did not accept and that were consistent with its obligations under
human rights treaties to which Pakistan was a state party.
5 A pril 2018: HRCP announced the Asma Jahangir Convention, held
in conjunction with Shirkatgah, the Aurat Foundation, the South Asian
Free Media Association (SAFMA), Simorgh and South Asia Partnership
Pak istan (SAP-PK), was intended not only to honour the late Asma
321
Jahangir, but also to discuss how members of civil society could pick
up the mantle. HRCP said that it was critical that old partnerships were
reinforced and new ones built among the different groups and causes to
which Ms Jahangir had devoted her life: from lawyers, women’s rights
activists and journalists to the peasants’ movement, workers’ rights and
the rights of religious minorities—among countless others.
7 April 2018. HRCP expressed its grave concern at the vacuum created
by the passing away of its co-founder, Asma Jahangir. In a statement
HRCP said that, while Ms Jahangir’s passing was a major setback to
the human rights movement, it was critical that her work continued
with renewed determination. Her matchless contribution to protecting
human rights, women’s equality and the rights of religious minorities,
workers and peasants across Pakistan should not be in vain.
1 June 2018: A decision by the Lahore School of Economics to initiate
a postgraduate course in human rights and development – inspired
by the late Asma Jahangir, HRCP’s co-founder – as part of its MPhil
Development Studies programme, was welcomed by HRCP.
14 October 2018: HRCP issued a statement on the successful conclusion
of the Asma Jahangir Conference 2018, with the central theme of ‘Justice
for Empowerment’. The conference, hosted by the Asma Jahangir
Foundation and AGHS Legal Aid Cell, featured many distinguished
guest speakers and covered a wide range of sessions focusing on the
protection of fundamental rights, justice for all and impunity for none,
freedom of expression, and challenges to implementing rights legislation.
The organisers committed to holding an annual conference to continue
the mission of Asma Jahangir, who fought for human rights principles,
which she believed transcended all cultures, government agendas and
nations.
19 December 2018: HRCP expressed extreme pride that its co-founder,
Asma Jahangir, had been honoured posthumously with the UN Human
Rights Prize. The prize is awarded every five years for outstanding
achievements in the field of human rights.
The loss of fellow human rights defenders
20 January 2018: HRCP expressed shock and grief at the passing of
Munnu Bhai and lauded his contribution to the democratic dispensation
in Pakistan, particularly during the 1970s and 1980s when Pakistan was
under military rule. HRCP had the privilege of having Munnu Bhai as
a member of its governing body for three years and his counsel was
always greatly valued by the organisation.
6 March 2018: HRCP mourned the death of Muhammad Jan, popularly
known as Jam Saqi, and acknowledged his significant contribution to
the struggle for the rights of the people. It stated that Jam Saqi had also

been a member of HRCP’s Council for some years, undertaking several
fact-finding missions for HRCP.
26 April 2018: HRCP mourned the loss of Madeeha Gauhar, actor,
playwright, director and human rights defender, as an unflinching
advocate of women’s rights, of progressive, secular values, and of peace
between Pakistan and India.
22 November 2018: HRCP mourned the loss of distinguished poet,
thinker and activist Fehmida Riaz, who passed away in Lahore on 21
November. HRCP hailed Ms Riaz as a human rights defender whose
writing constantly pushed the boundaries of traditional literature. Her
commitment to women’s rights was integral to her poetry. She gave
women in Pakistan a voice and a literary space that few others have
since matched.
Rule of law
9 February 2018: HRCP expressed its outrage that the case of Junaid
Hafeez, who was arrested in March 2013 after a student group accused
him of blasphemy, had been transferred to yet another new judge and
his right to a fair trial had been further undermined. It is feared that if a
fair trial is not ensured this time round, Mr Hafeez may end up spending
another 5-10 years in prison. It pointed out that Mr Hafeez’s right to a
fair hearing within a reasonable time, an essential component of the right
to a fair trial, was enshrined in article 10A of the Constitution of Pakistan
and laid down in international human rights instruments. HRCP
therefore condemned the transfer of Mr Hafeez’s case, and reiterated
that Pakistan’s national and international human rights obligations did
not support such vehement and uncalled for disregard of the human
rights of any of its citizens.
12 March 2018: HRCP expressed grave concern over the actions of the
administration of the Punjab University against a number of Pashtun
and Baloch students. It stated that the impression that the university
administration had been targeting Pashtun and Baloch students because
of their ethnic identities was cause for grave concern, and urged the
university’s administration to take immediate measures to address
these valid and serious concerns. HRCP also called on the university’s
administration to engage the protesting students and initiate a process
of dialogue with them as soon as possible.
16 March 2018: The International Federation for Human Rights (FIDH)
and its member organisation HRCP said in a joint statement that the
Pakistani government had missed yet another opportunity to show
its commitment to address key human rights issues during its third
Universal Periodic Review (UPR), which was held on 13 November 2017
in Geneva, Switzerland. The Pakistani government accepted 168 of the
Appendix II 323
289 recommendations it received from UN member states during the
third UPR. Another 117 recommendations were ‘noted’ and four were
rejected. FIDH and HRCP urged the Pakistani government to immediately
begin the process of implementation of the recommendations that it did
not accept and which were consistent with its obligations under human
rights treaties to which Pakistan was a state party. HRCP stated that
the government’s blanket refusal to commit to end the death penalty,
including for juveniles and for offences that do not meet the threshold
of the ‘most serious crimes’, was particularly disappointing because this
practice was in clear violation of Pakistan’s international human rights
obligations.
16 April 2018: In the year that Pakistan was elected to the United
Nations Human Rights Council, which is ‘responsible for the promotion
and protection of all human rights around the globe’, HRCP observed
that the country’s disappointing third Universal Periodic Review was
cause for serious concern. At the launch of its flagship annual report,
State of Human Rights in 2017—dedicated to the late Asma Jahangir—
HRCP stated that Pakistan’s bid to stand tall among the international
defenders of human rights may be well-intentioned, but simply enacting
legislation would not suffice. “The national human rights institutions
need adequate authority, independence and resources to carry out
their mandates effectively. Without that, the only recourse left to the
unrepresented and the disadvantaged is through the activists and
human rights defenders who risk their own freedom to speak out on
their behalf,” it stated.
24 May 2018: HRCP strongly criticised the Government of Gilgit-
Baltistan (GB) Order 2018, saying that it fell considerably short of the
GB people’s expectation of being treated as full citizens of Pakistan.
In its statement, it said, “In claiming to grant the people of GB their
fundamental freedoms, the GB Order has clipped their right to freedom
of association and expression. It has denied any Gilgit-Baltistani the
right to become a chief judge of the Supreme Appellate Court or to have
any say in internal security. Above all, it has disregarded people’s needs
despite continual public pressure in GB to address their problems fairly
and in accordance with local aspirations.”
10 October 2018: HRCP participated in a joint statement issued by the
Asian Forum for Human Rights and Development (FORUM-ASIA) and
28 civil society organisations in Asia, condemning the imposition of
the death penalty by the Singaporean authorities on Abdul Wahid Bin
Ismail, Mohsen Bin Na’im, and Zainudin bin Mohamed. All three were
convicted of drug-related offences and were executed on 5 October 2018.
The statement said that, as a network of human rights organisations,
FORUM-ASIA saw the death penalty as a grave violation of the right to

life – the most fundamental and essential human right for other rights
to be realised.
1 November 2018: HRCP greatly welcomed the Supreme Court’s
landmark judgment acquitting Aasia Bibi, a Christian woman convicted
of blasphemy in 2010 and sentenced to death. HRCP said that, from
a human rights perspective, the Supreme Court’s detailed judgment
underlined several of the most problematic aspects of applying
the blasphemy laws. The presumption of innocence was too easily
buried by moral outrage, which invariably pitted the vulnerable and
underprivileged against those in majority. Moreover, the evidence of
extrajudicial confession could not be allowed to hold any legal worth.
HRCP also strongly condemned the vicious reaction of all far-right
religious-political groups who had taken to violent protests and openly
threatened the lives of those associated with this case. It further said
that, ultimately, the state must consider reforming the blasphemy laws
in the interest of applying the law to all its citizens fairly, irrespective of
their faith.
12 November 2018: In a joint statement, FIDH and its member organisation
HRCP said the European Union (EU) must use the upcoming human
rights dialogue with Pakistan to push the country’s new government
to enact concrete reforms for the protection of human rights. FIDH and
HRCP made the call ahead of the EU-Pakistan Joint Commission’s Sub-
Group on Governance and Human Rights, which was scheduled to meet
on 13 November 2018 in Islamabad. In conjunction with their call, the
two organisations released a briefing paper that provided an update on
key human rights issues in Pakistan since the last meeting of the Joint
Commission, which took place in October 2017.
10 December 2018: Marking the 70th anniversary of the Universal
Declaration of Human Rights (UDHR), HRCP organised a public lecture
by its honorary spokesperson and veteran human rights defender, I A
Rehman on 9 December 2018. The theme of this lecture was to assess
Pakistan’s performance during its third Universal Periodic Review
(UPR) in 2017. In a statement, HRCP said that it was ‘gravely concerned
at the exponential rise in the number of recommendations Pakistan
had received from its peers with respect to human rights concerns in
the country and that Pakistan has chosen to ‘note’, rather than ‘support’
key human rights principles such as reporting the investigation and
prosecution of security forces that commit human rights violations
and abuses; amending discriminatory laws against marginalised
groups, including women and girls and ethnic and religious minorities;
protecting the rights of the child more effectively, particularly during
counter-terrorism activities; desisting from issuing death sentences
and executing juveniles, and taking effective measures to prevent the
Appendix II 325
abuse of blasphemy legislation and the use of violence against religious
minorities.
HRCP strongly urged the state to commit to its willingness to continue
cooperating with the United Nations human rights mechanism, and to
apply both in principle and practice the UPR recommendations it had
‘noted’ as well as ‘supported’.
22 December 2018: The Commission expressed grave concern at the
way in which people’s fundamental right to dignity was being eroded
away, ostensibly in the name of accountability, following the death in
judicial custody of Mian Javed Ahmed, a professor at the University of
Sargodha., who was reportedly in handcuffs even after death. HRCP
stated that the innocence or guilt of those taken into custody by state
institutions such as the National Accountability Bureau (NAB) needed
to be established under the law and with strict and transparent regard
for due process.
HRCP also said that using the Exit Control List as an arbitrary tool
to harass elected parliamentarians and those perceived as political
dissenters would not make for a stronger society—or one more able to
withstand honest criticism. HRCP urged the state to keep in view the
principle that the right to dignity is an inalienable right, and that the
tools and procedures available to maintain the rule or law be used justly
and transparently.
Enforcement of law
12 January 2018: HRCP expressed its grave concern over the brutal rape
and murder of a seven-year old girl in Kasur, the consequent slack in
the police’s investigation and ensuing violence against demonstrators
seeking justice for the child. It called on the provincial governments to
take steps to include these themes in school curricula to make pupils
and their families aware of such sensitive issues and empower them
to protect themselves. It pointed out that the helpline launched by the
Child Protection Bureau Punjab a few years ago was not disseminated in
an effective way. “Mass media should also realise that for such tragedies,
besides responsible and vigorous reporting, adequate follow-up on
reported cases is vital for accountability and as a long-term solution to
such horrific incidents.”
23 January 2018: HRCP expressed grief and anger at the unchecked
shooting of a college principal by a student under the suspicion of
blasphemy in the Shabqadar District of Charsadda. In its statement,
HRCP said: “This killing is yet another shameful reminder of how easy
it still is to manipulate the existing blasphemy laws to avenge personal
grievances. Blasphemy remains a highly sensitive issue and allegations
do not need to be proven before provoking murder. It is regrettable that

no lessons are being learnt from these incidents and no action is being
taken at all by the authorities to prevent such episodes. This incident is
further confirmation of the slide toward extreme intolerance in societies
on the one hand and, on the other hand, the apathy and inability of the
authorities to meet the challenges of extremism.”
20 April 2018: HRCP condemned the burglary-style raid on the house
of the editor of its State of Human Rights report, launched on 16 April
in Islamabad. In a statement issued here today, the Commission said:
“HRCP suspects that the two suave raiders were no ordinary thieves
and calls on the Government of Punjab to apprehend the culprits and
establish their identity.
HRCP will hold the provincial authorities responsible for any attempt
by state or non-state actors to harass any persons associated with the
Commission.”
25 April 2018. HRCP strongly condemned the surge in deadly attacks
in Quetta during the month of April, after six policemen were killed
in a suicide attack on a police van, which occurred in tandem with
another attack outside a Frontier Corps check-post that left eight
personnel injured. In a statement HRCP said, “That the law enforcement
agencies responsible for protecting citizens also continue to be targeted,
underlines the deeper law and order problem that beleaguers the
province.” It urged the government to bring the perpetrators of these
crimes swiftly to justice and to clamp down visibly on elements bent on
fomenting violence against minority communities.
11 May 2018: HRCP demanded that the government investigate
the attacks on two girls’ schools in North Waziristan Agency. “The
Commission is appalled to learn that residents are being threatened
openly for sending their daughters to school. The state is constitutionally
and morally obliged to ensure that every child in Pakistan can attend
school: no individual or group has any right to prevent this.
4 June 2018: After reports that at least three people had been killed and 20
injured when armed assailants opened fire on a gathering of the Pashtun
Tahafuz Movement (PTM) in Wana, South Waziristan, on 3 June, HRCP
expressed grave concern: “We counsel the administration to restore
peace and take steps to avoid any further confrontation between PTM
supporters and the armed outfits reported to be operating as ‘Aman
Committees’. The region has seen enough bloodletting: it is imperative
that its people are now allowed to live in peace and stability.”
7 June 2018: Expressing its grave concern over the increasing frequency
and sheer impunity with which anyone critical of the state is being
targeted, reportedly by security agencies, HRCP said it was appalled
at at the abduction of Gul Bukhari, a journalist known for her views
Appendix II 327
on law enforcement organisations. HRCP further stated that enforced
disappearances were rapidly becoming the norm—an easy and arbitrary
means of intimidating those who do not toe the line—and strongly
condemned any use of extra constitutional means to intimidate and
harass citizens, or to put them in a position that might compromise their
safety.
22 June 2018: The Commission expressed its alarm “at the growing
frequency with which human rights defenders are being targeted. HRCP
calls for a public and transparent investigation of the incident to make it
clear that such callous attempts to intimidate human rights defenders or
their families are unacceptable and unconstitutional. This ugly state of
affairs simply cannot be allowed to continue.” The statement was issued
after reports of continuing harassment and intimidation of blogger and
human rights activist Ahmad Waqas Goraya.
26 June 2018: HRCP urged the state to take measures to implement
the United Nations Convention against Torture (UNCAT)—to which
Pakistan is a signatory—as well as ratify the Optional Protocol to UNCAT
and establish a corresponding national preventative mechanism. It
further emphasised the need to provide law enforcement agencies
greater support in terms of training, resources and access to modern,
scientific methods of investigation. It said, “The right to protection
against cruel, inhuman or degrading treatment or punishment applies in
all circumstances, with no exceptions whatsoever. This is fundamental
to what it means to be a civilised state.”
11 July 2018: The suicide attack on an Awami National Party (ANP)
corner meeting in Peshawar, which left at least 20 people dead, among
them senior ANP leader Haroon Bilour, was strongly condemned by
HRCP as a “horrific development in the run-up to the elections”. The
Commission demanded that the state should unequivocally condemn
the use of wanton violence by non-state actors to disrupt the election
process and ensure that adequate protections is given to political
candidates during their campaigns.”
14 July 2018: HRCP expressed serious concern over the emerging
pattern of violence accompanying the run-up to the elections on 25 July,
after a deadly attack on an election gathering in Mastung in which at
least 128 people died and questioned the security measures in place. The
Commission also pointed to the extent to which the attack in Mastung
had been overshadowed by parallel political developments in Punjab.
It said, “The right to assembly and security of person are universal and
must be applied as such. We strongly urge the authorities to make every
effort to ensure that the little time left for the polls remains peaceful and
free of undue influence across the country.”

30 August 2018: In a statement issued to mark International Day of
the Victims of Enforced Disappearances, HRCP demanded that the
government take immediate steps to criminalise enforced disappearances
under the Penal Code and replace the Commission of Inquiry on Enforced
Disappearances with a judicial tribunal answerable to the Supreme
Court. It further said that the findings of the 2010 Judicial Commission
on Enforced Disappearances must be made public and implemented and
that it was high time that Pakistan ratified the International Convention
to Protect All Persons against Enforced or Involuntary Disappearance,
and engage productively with the United Nations Working Group on
Enforced or Involuntary Disappearances.
4 November 2018: Following three days of street violence perpetrated by
far-right religious-political groups who opposed the Supreme Court’s
acquittal of Aasia Bibi, HRCP was appalled at the government’s failure
to preserve the writ of the state and the sanctity of the rule of law. It said,
“What was hailed as a landmark judgment and a human rights victory
unravelled into a situation in which there was no distinction between the
peaceful right to dissent and the thuggery of mobs who claimed a ‘moral
right’ to wreak public havoc, to attack citizens and law enforcement
personnel, to wantonly destroy property and to incite hatred against
religious minorities. HRCP expressed serious concern at how quickly the
government capitulated to the demands of extremist-led mobs, despite
its earlier vow to preserve the writ of the state and strongly urged the
government to take an unequivocal and consistent stand against groups
and individuals that had no qualms about employing violent, extra
constitutional means to have their way.
1 December 2018: As part of its campaign marking 16 days of
activism against gender-based violence, HRCP organised a theatrical
performance and dance recital to underscore the prevalence of violence
against women and girls in Pakistan. This was followed by an open
forum to discuss patterns of gender-based violence (GBV) and the rising
frequency of domestic violence and ‘honour’ crimes in the country. In a
statement, HRCP said that patriarchy and the practices it gave rise to,
in terms of seeing women’s bodies and minds as property or as easy
targets of violence, exploitation and abuse, had no place in any society
that wished to call itself civilised. It urged the state to invest heavily in
the infrastructure needed to give the most vulnerable and marginalised
women access to these laws, and fulfil its obligations under all national
and international human rights mechanisms that seek to eliminate GBV.
24 December 2018: HRCP expressed grave concern over continuing
reports from the field that the number of unresolved cases could be far
higher than the balance of 2,116 reported by the Commission of Inquiry
on Enforced Disappearances and that, more importantly, the issue of
Appendix II 329
enforced disappearances is simply not receiving the public attention it
must. Expressing solidarity with the protesting families of the forcibly
disappeared, HRCP urged the government yet again to take concrete
measures not only to trace and safely recover the forcibly disappeared,
but also to ensure that the perpetrators are punished; and to criminalise
enforced disappearance and ratify the relevant UN conventions in line
with the country’s international obligations and its moral responsibility
to Pakistan’s people.
Fundamental freedoms
6 February 2018: HRCP called upon the federal government to
immediately address the valid and legitimate demands of the protesters
of Waziristan in Islamabad which included the immediate arrest and
prosecution of Rao Anwar, the police official accused of murdering
Naqeebullah Mehsud, investigations into extrajudicial killings in Karachi
and elsewhere in the country, stopping of enforced disappearances and
recovery of missing persons, an end to the collective responsibility
punishments meted out to entire villages, sub-tribes and tribes after any
illegal, militant or criminal activities in Waziristan and FATA and the
clearing of landmines in Waziristan and FATA.
14 March 2018: HRCP said the Islamabad High Court’s (IHC) ruling
requiring a declaration of faith for government and semi-government
job applicants was cause for serious concern and should be appealed
by the federal government. It cautioned that the ruling could lead to an
increase in instances of aggression and violence against the Ahmadiyya
community in particular and that the consequences of this ruling could
be deadly for members of this community, given their already precarious
personal safety situation in the country.
30 March 2018: HRCP expressed support for the lady health workers
(LHWs) strike and urged the Punjab government to implement the
notification it issued in 2012, regularising the services of 50,000 LHWs in
the province. It stated that LHWs were critical to Pakistan’s public health
delivery system—many of them working in remote and often difficult
conditions to provide basic healthcare, family planning and vaccination
services in underserved areas.
7 April 2018: In a statement HRCP reiterated the importance of
ensuring an even playing field for all—without interference from any
state agency—and demanded that free and fair elections be held as
scheduled. It further stated that “There must be special efforts to ensure
that both women and religious minorities are able to participate in, and
contest, the elections freely and without fear, pressure or intimidation.
In this context, mobile polling stations could be a way of ensuring that
people who might otherwise be unable to vote, are able to exercise this

fundamental right.”
HRCP particularly highlighted the issues of enforced disappearances,
extrajudicial killings, the growing exclusion of civil society from affairs
of the state, the mainstreaming of extremist parties, violence against
women and children, labour rights, rise in suicide incidents, mandatory
declaration of faith, religious extremism, the increasing trend of judicial
activism, and curbs on freedom of expression The organisation welcomed
the Pashtun Tahafuz Movement “in the spirit that all people have a
right to express their grievances peacefully. The legitimate concerns
underlying the movement reflect a breakdown in the relationship
between the state and the people. We urge the government to listen to
these concerns and to refrain from interfering in the Pashtuns’ right of
association as well as that of others.”
19 April 2018. Amid growing speculation that the authorities were not
happy with the idea of allowing a Khyber Pakhtunkhwa organisation
to hold a public meeting in Lahore on 22 April 2018, HRCP urged the
Punjab government to avoid taking any steps that might be seen as
interfering with people’s fundamental right to assembly. In a letter to
the Punjab chief secretary, HRCP said, “We believe that the people of
Khyber Pakhtunkhwa have as much right to enter Lahore and hold a
public meeting as the people of any other province.” It further stated
that the Punjab government was duty-bound to ensure that any peaceful
political activity taking place in the province was not hindered, and that
people—all people of Pakistan—had the right to express their grievances
peacefully.
3 May 2018: HRCP took a serious view of the sharp decline in press
freedom in the country over the past several months, which coincided
with the emergence of a strong grassroots movement in Khyber
Pakhtunkhwa. In a statement issued to mark World Press Freedom
Day, HRCP censured the recent escalation in press harassment and
intimidation, and attempts to curb people’s freedom of expression and
their access to information, adding that, “there has been little movement
on the fate of people who have gone ‘missing’ after having written
critically about pro-establishment narratives.”
12 May 2018: While condemning the authorities’ clampdown on activists
associated with the Pashtun Tahafuz Movement (PTM) days before the
latter was scheduled to hold a public rally in Karachi, HRCP expressed
serious concern that the authorities had once again escalated their efforts
to suppress the PTM. It strongly urged the government to refrain from
interfering in people’s right to peaceful assembly.
25 May 2018: Following the demolition of an Ahmadiyya place of
worship in Sialkot as well as a house of historical significance to the
Appendix II 331
community, HRCP called on the government to investigate the incident
through an independent, high-level probe and to take appropriate
action swiftly: “It is critical that the facts of the case be established
transparently. The beleaguered Ahmadiyya community is already
vulnerable to harassment and violence: the state must take special care
to ensure that the community’s places of worship and sites of religious
significance are protected as far as possible. All religious minorities are
entitled to this protection under the Constitution and the reported mob
vandalism in this case is insupportable.”
16 July 2018: The Commission expressed its grave concern over what it
saw as blatant, aggressive and unabashed attempts to manipulate the
outcome of the upcoming elections, citing examples of the powers a to
security forces: the selective squeezing of political class; the harassment
of candidates; the legitimisation of banned outfits; the emboldening
of militant groups, and the curbs on the print and broadcast media.
HRCP appealed to all citizens to approach the ECP with the necessary
supporting evidence in cases where they felt that any election rules and
laws had been violated.
23 July 2018: HRCP carried out an independent fact-finding exercise
to assess the extent and nature of curbs on freedom of expression
across Pakistan. Based on its findings, HRCP called on the federal and
provincial governments of Pakistan, their administrative branches and
all other state institutions and services to:
• Take due notice of the complaints it has presented
• Take appropriate steps to prohibit and prevent unauthorized,
illegal and unlawful interference with freedom of expression in
the country
• Protect the right of television channel and news publication
owners to function with dignity and in peace.
• There should be no interference in the sale and distribution of
any newspaper, nor should any TV channels be deliberately
displaced.
• The system of issuing ‘press advice’ or press-advice-
like ‘instructions’ on the part of state agencies must cease
immediately.
• All complaints of this nature should be redressed promptly.
• Complete and effective information commissions are set up in
each province to implement the state’s obligations under the
Right of Access to Information Act 2017.
29 August 2018: HRCP strongly urged the government to acknowledge

and promptly address constraints to press freedom in a statement
released at the launch of its report investigating recent curbs on
newspaper distribution and journalists’ freedom of expression.
8 September 2018: HRCP strongly urged the government to avoid any
sort of precedent that allowed a person’s faith to trump all other criteria
for public service following the government’s decision to withdraw its
nomination of Dr Atif Mian for the Economic Advisory Council (EAC).
24 September 2018: HRCP termed the Lahore High Court’s decision
‘regrettable’ after it issued a non-bailable arrest warrant for journalist
Cyril Almeida, requiring him to appear at the next hearing of a case
seeking action against former Prime Minister Nawaz Sharif on charges of
treason. HRCP strongly urged the honourable court to give Mr Almeida
the opportunity to appear at the scheduled hearing of his own volition
and to have his name removed from the ECL immediately.
25 September 2018: After establishing a National Interfaith Working
Group as part of an ongoing project on advocacy and legal aid for
religious minorities, HRCP reiterated that freedom of religion and belief
remained integral to the Commission’s work and said the platform
would facilitate interfaith dialogue and carry out collective advocacy,
awareness and action to protect the fundamental rights of religious
minorities.
28 September 2018: In a statement issued to mark International Right to
Know Day, HRCP reiterated that people’s right to information (RTI) was
nothing short of a fundamental right. With press freedom increasingly
under fire, HRCP called on the state to remove unwarranted restrictions
on citizens’ RTI and to fulfil its responsibilities under the Right of Access
to Information Act 2017.
22 October 2018: In the wake of the details released concerning the brutal
murder of journalist Jamal Khashoggi, allegedly at the Saudi consulate
in Istanbul, HRCP said that it regretted the Pakistani government’s
failure to take an appropriate stand on the incident, given that the
Pakistani media itself had become increasingly vulnerable to undeclared
curbs on press freedom. HRCP felt that the failure to take a firmer stand
underscored a worrying lack of concern not only for the constitutional
principle of freedom of expression, but also for the security of journalists.
26 October 2018: HRCP expressed serious concern that human rights
activist Gulalai Ismail was still on the Exit Control List (ECL) and her
travel documents confiscated, after the court had granted bail to her.
In a statement, HRCP reiterated that freedom of movement was an
internationally accepted fundamental right and ‘anti-state activities;
had become an expedient label for human rights defenders, particularly
those associated with the PTM. It said that the right to peaceful dissent—
Appendix II 333
especially when this meant articulating ‘uncomfortable’ truths about
curtailed rights and freedoms—should not be branded routinely as
‘anti-state’.
HRCP called on the authorities to remove all restrictions on Ms Ismail’s
freedom of movement and her other rights, and to avoid using the ECL
as an arbitrary and often politically motivated tool to curb the work of
human rights defenders in Pakistan.
Political participation
31 July 2018: HRCP expressed satisfaction that the 2018 general elections
were held on time and remained, by and large, peaceful. However, it
regretted that many lives were lost in violence preceding the elections
and was concerned about the complaints made by several political
parties as well as HRCP’s own observers regarding the management of
post-poll formalities. It referred to numerous reports that vote counting
was poorly handled – with polling agents prevented from observing the
final count in many cases – and the unprecedented delay in results that
cast a shadow over the electoral process. The Commission said these
questions must be diligently addressed to avoid any doubts concerning
the credibility of the elections. It strongly urged the new government
to take serious note of the challenges that continue to beleaguer
Pakistan’s democratic development and to address on a priority
basis the Commission’s overarching concerns including: enforced
disappearances, constraints to freedom of expression and association,
tainted processes of accountability, lack of respect for the separation
of powers, the erosion of independence among institutions, and the
shrinking space open to civil society.
7 May 2018: HRCP expressed grave concern at the deaths of 29 workers
in Balochistan in separate incidents.
It said: ‘It is unacceptable that workers are not provided adequate
security in regions known to be politically sensitive and thus vulnerable
to such attacks. The responsibility for protecting workers in such a
situation lies squarely with their employers, who must take all possible
steps to ensure that their operations in any given area do not put workers
at unnecessary risk. Where this risk exists, employers are bound to
provide their workers with regular and adequate security.” HRCP also
urged the state and the employers concerned to ensure that the workers’
beneficiaries were compensated fairly.
18 May 2018: HRCP called on the federal and provincial governments
to meet the legitimate demands of the visually impaired protestors who
had been staging a sit-in at Kalma Chowk in Lahore for several days.

In its statement, HRCP said, “it is the duty of all governments who call
themselves ‘civilised’ to protect the rights of vulnerable persons and
ensure that, as far as possible, their access to employment, fair wages and
decent working conditions remains unhampered by their impairment.
The fact that the protestors at Kalma Chowk have already been there a
week reflects poorly on the state’s attitude toward persons with special
needs.”
6 June 2018: HRCP took serious exception to the controversial choice of
a new vice-chancellor for Punjab University and called for a review of
the decision. It added that it had strong reservations about the process of
selection of vice-chancellors of public sector universities—particularly
about the hold the provincial government and its bureaucracy had over
this process. The Commission said: “It may also be time to appoint a
high-powered, broad-based national commission to pull education out
of the rut into which it has fallen.”
9 October 2018: HRCP expressed its grave concern at efforts to roll back
the 18th constitutional amendment, adding that the 18th Amendment was
integral to Pakistan’s identity as a federation and a democracy. HRCP
remained apprehensive about the continuing judicialisation of politics
in Pakistan; the unabated curbs on press freedom in Pakistan and
continuing enforced disappearances. It also emphasised the state’s duty
to protect people’s fundamental right to life must entailing addressing the
malnutrition-related deaths of at least 50 children in Thar in September
alone, the alarming frequency of mining accidents—primarily in
Balochistan—and the rising number of suicides among women in Gilgit-
Baltistan. It also said it was critical to acknowledge and enable other
actors that are attempting to alleviate poverty and protect human rights,
referring to the unwarranted expulsion of 18 international aid groups
from the country and subsequent vilification campaign against them in
the electronic media.
Appendix II 335

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State of

Human Rights Commission of

Editor: Maryam Hasan

abadi: settlement; habitation; also population

2 State of Human Rights in 2018

6 State of Human Rights in 2018

8 State of Human Rights in 2018

10 State of Human Rights in 2018

12 State of Human Rights in 2018

Laws and Law-making

Wherein shall be guaranteed fundamental rights, including equality of status, of

Laws and Law-making 17

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Laws and Law-making 19

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Laws and Law-making 21

o Amendment of Section 2 in Act XXXV of 1973

• The Constitution (Twenty-Fifth Amendment) Act, 2018 approved

General Seats Women’s Seats Total Seats

2017 2018 2017 2018 2017 2018

Punjab 148 141 35 32 183 173

Total 260 266 60 60 320 326

• The Finance Supplementary (Amendment) Act, 2018 amended

22 State of Human Rights in 2018

Laws and Law-making 23

24 State of Human Rights in 2018

• The Balochistan Public Service Commission (Amendment) Act

Laws and Law-making 25

26 State of Human Rights in 2018

o The University of Lakki Marwat

• The Khyber Pakhtunkhwa Marriage Functions (Prohibition of

Laws and Law-making 27

28 State of Human Rights in 2018

Laws and Law-making 29

30 State of Human Rights in 2018

Laws and Law-making 31

32 State of Human Rights in 2018

34 State of Human Rights in 2018

Data as at 15.01.19 - Law & Justice Commission of Pakistan

being sufficient judges to hear the cases.

36 State of Human Rights in 2018

70-year-old Dr Kamran being led to his Lahore court hearing in handcuffs.

The CEO of the University of Sargodha, Mian Javed Ahmed, had

38 State of Human Rights in 2018

40 State of Human Rights in 2018

In December, in expressing dissatisfaction on the performance of NAB,

42 State of Human Rights in 2018

Transgender community celebrating the passing of transgender bill of rights

44 State of Human Rights in 2018

• The Court rejected a mother’s petition for stay of execution of her

46 State of Human Rights in 2018

48 State of Human Rights in 2018

Awarded 215 149 9 156 34 34 - 6 3 1

HRCP Death Penalty monitoring data

Total 2017 2018

Mental illness and the death penalty

50 State of Human Rights in 2018

HRCP holds a rally against the death penalty

The way forward

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Pakistan and International

Pakistan and International Human Rights Mechanisms 53

54 State of Human Rights in 2018